Jayakumar v. The State Rep By Its,

P.DHANABAL,J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 341, 294(b), 392, 397 and 506(2) of IPC, in Crime No.215 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 18.03.2024 at about 8.15 p.m., when the defacto complainant was chatting with his friends on the beach road, the accused who came in a bike, threatened the defacto complainant with knife and snatched his mobile phone. Hence, this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed for the grant of the anticipatory bail to the petitioner stating that the petitioner along with two other accused, robbed the mobile phone of the defacto complainant at knife point. He further submitted that there are 7 previous cases against the petitioner and out of the 7 cases, in one case, a knife and Rs.50/- have been recovered. 1/4

5. Considering the submissions of both sides, the nature of offence and also considering the fact that though the petitioner has got some previous cases, in all the cases, he has been released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain 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 (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate-1, Tiruvottiyur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each 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 and on further condition that: [a] the petitioner shall report before the Inspector of Police, Tindivanam Police Station, everyday at 10.30 a.m. until further orders. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned 2/4

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 v. State of Kerala [(2005) AIR SCW 5560].

[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the B.N.S.

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P.DHANABAL,J.

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