Velusamy v. The State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 and 511 of IPC in Crime No.255 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused attempted to commit theft of raw stones. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is the owner of the lorry and the driver used the lorry without the knowledge of the petitioner and transported raw stones. He would further submit that the lorry of the petitioner has also been seized by the respondent Police and there is no previous case pending against him. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioner is the owner of the

lorry and the driver attempted to commit theft of raw stones. He would further submit that the driver of the lorry was arrested and enlarged on bail and there is no previous case pending against the petitioner. Thereby, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions; 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Komarapalayam on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for

anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter every Saturday at 10.30 a.m., until further orders;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

A.D.JAGADISH CHANDIRA , J.

vkr [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;

19.09.2022 vkr