Manikandan v. Inspector Of Police

Crl.O.P.No.24026 of 2023 C.V.KARTHIKEYAN,J.

The petitioner seeks anticipatory bail in Cr.No.444 of 2023 registered by the respondent police for the offence punishable under Sections 395 of IPC.

2. It is stated that there are totally ten accused involved in this case. The petitioner is arrayed as A10. It is also stated that some of the other accused have granted bail.

3. It is stated by the respondents that the accused persons forcibly robbed cash of Rs.20,000/-, five cell phones and 21/2 sovereigns of gold chain by showing knife. It is also stated that some of the other accused have been granted bail

4. Taking all these facts into consideration, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

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 X Metropolitan Magistrate, Egmore, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 shall deposit a sum of Rs.10,000/- to the credit of Cr.No.444 of 2023 before the learned X Metropolitan Magistrate, Egmore, Chennai. The said amount may be retained by the learned Metropolitan Magistrate. If the present petitioner is acquitted, then the amount may be handed over to the petitioner, but, if the present petitioner is convicted then the amount may be handed over to the defacto complainant.

[b] 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.

[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

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

Vv 19.10.2023 C.V.KARTHIKEYAN,J.

Vv Crl.O.P.No.24026 of 2023 19.10.2023