M.Sathishkumar v. The Inspector Of Police

Crl.O.P.No. 23373 of 2022 A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 457 and 511 of IPC in Crime No.240 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant and his family members were sleeping at his house on 17.09.2022 at 3.00 p.m., the petitioner along with other accused were trying to trespass into his house through balcony at that time on hearing the sound, the de-facto complainant woke up and raised alarm resulting which the petitioner and others jumped from the balcony to road and escaped. Hence, the complaint.

3. The learned counsel for the petitioner submit that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner along with other accused were trying to trespass into the de-facto complainant's house to commit theft. Therefore, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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, Arakkonam on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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, https://www.mhc.tn.gov.in/judis failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

A.D.JAGADISH CHANDIRA, J.

msm [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 his Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police every day at 10.30 a.m. and 05.30 p.m. for a period of four 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].

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

30.09.2022 msm Crl.O.P.No. 23373 of 2022 https://www.mhc.tn.gov.in/judis