R. Ajithkumar v. State Rep Byt

RMT.TEEKAA RAMAN, J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 379 and 430 I.P.C. in Crime No.213 of 2023 on the file of the respondent police, seek anticipatory bail.

2.It is the submission of learned counsel for the petitioners that petitioners are falsely implicated as accused in First Information Report in Cr.No.213 of 2023 for the offences under Sections 379 and 430 I.P.C. Petitioners are innocent. Apprehending arrest, this petition is filed seeking anticipatory bail.

3.In response, the learned Government Advocate (Criminal side) submitted that petitioners were found illegally transporting one unit of river sand near Kugaiyanallur river at about 06.00 a.m. on 02.08.2023. Hence, he opposed this petition.

4.Considered the rival submissions and perused the records. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners for the reason that custodial interrogation of the petitioners is not necessary. Thus, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court, Katpadi, Vellore District, on condition that the petitioners shall execute a bond for a sum of Rs.

10,000/- each (Rupees Ten Thousand only) each 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:- [a] the petitioners 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 petitioners shall report before the respondent police everyday at 10.00 a.m., until further orders;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

28.08.2023 ep

RMT.TEEKAA RAMAN, J.

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28.08.2023