Pavaladurai v. The State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 295, 379, 427 & 506(i) of IPC in Crime No.179 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the accused had trespassed into the de-facto complainant's temple, damaged the idols and committed theft of 3 1⁄2 sovereigns of gold and cash kept in the iron locker. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the de-facto complainant is having a private temple encroached in the Government property and when it was questioned by the petitioners, he had given a false complaint as if the petitioners had committed theft 3 1⁄2 sovereigns of gold and cash. He would further submit that there is no previous case pending against the petitioners. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the accused had trespassed into the defacto complainant's temple, damaged the idols and committed theft of 3 1⁄2 sovereigns of gold and cash kept in the iron locker. He would further submit that the stolen property has not been recovered. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Heard the learned counsel. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, 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 learned Judicial Magistrate, Vandavasi, on condition that each of the petitioners shall execute a separate 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 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 10.30 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].
A.D.JAGADISH CHANDIRA, J.
mpl [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
01.11.2022 mpl