A.Abul Hussain v. State Rep By

A.D.JAGADISH CHANDIRA.J, The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC in Crime No.637 of 2022, seeks anticipatory bail. 2.The case of the prosecution as per the defacto complainant who is a Worker in the NOCL Company is that the petitioner along with other accused had attempted to commit theft of iron scraps worth about Rs.2.9 lakhs from the said Company. Hence, the case. 3.The learned counsel 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 there is no previous case pending against the petitioner and the stolen articles have also been recovered. Hence, he seeks for anticipatory bail.

4. The learned Government Advocate (crl.side) would submit that the petitioner has attempted to commit theft of iron scraps worth about Rs.2.9 lakhs from the NOCL Company where the defacto complainant is working and on seeing the defacto complainant, the petitioner ran away from the scene of occurrence. He would further submit there is no previous against the petitioner and the stolen articles have been recovered from the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances and also taking note of the fact that there is no previous case pending against the petitioner, 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.III, Cuddalore, 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, 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 every day at 10.30 and 5.30 pm until further orders. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] the petitioner shall not abscond either during investigation or trial;

[g] 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]; and;

A.D.JAGADISH CHANDIRA.J, vkr [h] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

18.10.2022 vkr