Naveen v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners herein seeks anticipatory bail in Crime No.260 of 2019 registered by the respondent Police for the offence under 294(b), 307 IPC and 3 of the Explosives Substances Act 1908.

2. The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in Crime No.260 of 2019 registered by the respondent Police for the offence under 294(b), 307 IPC and 3 of the Explosives Substances Act 1908. It is stated that the other accused were either granted bail or anticipatory bail. Thus, he seeks anticipatory bail to the petitioners.

3. It is stated by the learned Government Advocate (Crl.Side) that the defacto complainant is an accused in a case and when he came to the police station to comply with the condition, all the accused persons had thrown a bomb at him. It is further stated that the injured had been discharged from the hospital. Thus, he prayed for dismissal of this petition. 1/4

4. Taking into consideration the fact and circumstances and the fact that the investigation in this case is practically completed and injured had been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5.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 II, Poonamallee, on condition that the petitioners shall execute a separate 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 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 daily at 10.00.a.m., until further orders. 2/4

[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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;

18.10.2023 gd 3/4

C.V.KARTHIKEYAN , J.

gd 18.10.2023 4/4