Tamilarasan S v. The Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner herein seeks anticipatory bail in Crime No.261 of 2023 registered by the respondent Police for the offence under Sections 294(b), 384 IPC for an occurrence which had taken place on 28.07.2023.

2. The learned counsel for the petitioner stated that the petitioner has been falsely implicated as an accused in this case. Apprehending arrest from the respondent police, he seeks bail to the petitioner.

3. The learned Government Advocate (Criminal side) stated that the defacto complainant had purchased a R.K.M.Honda two wheeler in Udaya Finance. The petitioner had given a loan to the defacto complainant. The defacto complainant had not repaid the amount and therefore, the petitioner herein is said to have seized the vehicle. The vehicle had been recovered and handed over back to the defacto complainant.

4. In view of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 1/4

5.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, Erode on condition that the petitioner shall execute a 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, 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 as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; 2/4

[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; 13.10.2023 gd C.V.KARTHIKEYAN , J.

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gd 13.10.2023 4/4