Balaji @ Paanai Balaji v. The Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 294 (b), 384, 506 (ii) IPC, in Crime No.67 of 2023, on the file of the respondent police, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) on behalf of the respondent. 3.It is the case of the prosecution that on 16.04.2023, when the defacto complainant was standing at the scene of occurrence, petitioner herein demanded money by showing knife and robbed a sum of Rs.500/-. Taking into consideration that the petitioner has nine previous cases, earlier anticipatory bail petition in Crl.O.P.No.20264 of 2023 was dismissed by this Court on 07.09.2023.

4.It is stated by the learned counsel for the petitioner that subsequently petitioner was actually arrested in respect of another FIR and though this was informed to the respondent police, petitioner was not taken into custody as prisoner in transit warrant.

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5.In view of that particular fact since the respondent has not taken any steps, 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 XVIII Metropolitan Magistrate, Saidapet, 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.

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[b] the petitioner shall report before the respondent Police, daily morning at 10.00 a.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; 03.11.2023 sli 3/4

C.V.KARTHIKEYAN , J.

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