Sadhick Basha v. The State Rep By Its,
T.V.THAMILSELVI,J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 341, 384 and 506(ii) of IPC in Crime No.261 of 2022, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that he is running a petty shop and while he was closing the shop, the petitioner who is known to him along with 2 other persons have waylaid him and threatened him with a knife and also robbed Rs.500/- from him. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is 21 years old and he is an innocent person. He would further submit that the Respondent Police in order to curtail the activity of the petitioner, has filed a false complaint against the petitioner. He would further submit that A1 in this case has already been granted anticipatory bail by this Court in Crl.O.P.No.25426 of 2022 and hence, he prays to grant anticipatory bail.
4. The learned Government Advocate (Crl. Side) would submit that the petitioner along with his friends who are known to the defacto complainant had threatened the defacto complainant had robbed an amount of Rs.500 from the shop of the defacto complainant at knife point. He would further submit that that there is one previous case of similar in nature pending against the petitioner. Hence, he vehemently opposed for grant of anticipatory bail.
5. Taking into consideration the facts and circumstances of the case and also of the submissions made by the learned counsel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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 Metropolitan Magistrate Court No.XVIII, Saidapet, Chennai on condition that the petitioner shall execute 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 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 every Wednesday and Sunday at 10.30 a.m., for a period of 8 weeks and as and when required for interrogation.
[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.
05.12.2022 vkr
T.V.THAMILSELVI,J.
vkr 05.12.2022