Wincent v. Th State Rep.By

P. DHANABAL, J The petitioner, who apprehends arrest for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 310(4) and 351(3) of B.N.S in Crime No. 420 of 2024 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 14.08.2024 at 3.00 a.m., due to secret information received by the respondent police, the petitioner along with other accused persons were preparing for dacoity. Thereafter, the respondent police surrounded the accused persons; at that time, the petitioner along with other accused persons used filthy language and threatened him with dire consequences and escaped from the scene of occurrence. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offences as alleged by the prosecution and has been falsely implicated in this case. He further submitted that the petitioner is also ready to abide by any stringent conditions may be imposed by this Court. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted the petitioner along with other accused persons were preparing for dacoity. The respondent police surrounded the accused persons, they used filthy language and threatened him with dire consequences and escaped from the scene of occurrence. He further submitted that six previous cases are pending against the petitioner. Therefore, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the above submissions made by the learned Counsel on either side, the co-accused was already released on bail, considering the nature of offence and considering all other aspects, 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 XIII Metropolitan Magistrate, Egmore on condition that the petitioner shall execute a separate 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 and the sureties shall affix his photograph and left thumb impression in the surety bond and the Court concerned may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the Inspector of Police, Kancheepuram Police Station, Kancheepuram on everyday 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 has been imposed and the petitioner is 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]; and;

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

28.08.2024 kv

P. DHANABAL, J kv 28.08.2024