P Maheswaran v. Inspector Of Police

RMT.TEEKAA RAMAN , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 381 of IPC, in Crime No. 280 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused are said to have committed in theft of 70 litres of diesel from the TNSTC Depot, Pollachi, in seven cans. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was working as contract labour in the said depot and there is no overt act against the petitioner. He would further submit that no recovery has been made from the petitioner and co-accused in this case was arrested and released on bail by this Court in Crl.O.P.No.19749 of 2023 dated

28.08.2023. 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 there are totally two accused in this case in which, the petitioner is arrayed as A2. He would further submit that the petitioner along with other accused have stolen 70 litres of diesel from the TNSTC Depot, Pollachi. He would also submit that A1 was arrested and subsequently, enlarged on bail by this Court. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances and taking into consideration the fact that there is no specific overt act against this petitioner, I am 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 her appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.I, Pollachi, 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 on daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.

[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;

07.09.2023 ata RMT.TEEKAA RAMAN , J.

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07.09.2023