Sujithkumar v. The 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 Sections 147, 148, 294(b), 397 and 506(ii) of IPC in Crime No.690 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with 8 other accused entered into the factory premises of the defacto complainant, threatened him and taken away his mobile phone worth of Rs.3,000/-. Hence the complaint.

3.The learned counsel for the petitioner would submit that petitioner is an innocent person and a false complaint has been given against him. He would submit that even as per the prosecution, the allegation against the petitioner is that he had stood outside the factory premises and other accused only have entered into the premises and he has nothing to do with the alleged offence. He would further submit that the

arrested accused in this case have already been enlarged on bail and A5 in this case have been granted anticipatory bail by the trial court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner along with other accused had entered into the factory premises of the defacto complainant and demanded mamool from him and also assaulted the security. He would further submit that there is no previous case pending against him. However, he opposed for grant of anticipatory bail to the petitioner.

5.Heard the learned counsel and perused the entire materials available on record including the First Information Report. 6.Taking into consideration the facts of the case and the submissions made by the learned counsel and also of the fact that there is no previous case pending against him, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.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.II, Ponneri, 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 daily at 10.30 a.m and 5.30 p.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 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; 24.11.2022 vkr A.D.JAGADISH CHANDIRA , J.

vkr 24.11.2022