Praveen v. State Rep. By

Crl.O.P.No.26506 of 2024 P.DHANABAL,J.

The petitioner/accused, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 126(2), 296(b), 115(2), 309(4) and 351(3) in Crime No.810 of 2024 seeks anticipatory bail.

2. The case of the prosecution is that on 12.10.2024 at 11.00a.m., the defacto complainant was going for his personal work near Annai Sivakami Nagar Play Ground, at that time, the petitioner herein along with other three others waylaid the defacto complainant and demanded money, but he has denied to pay the money, then one of the accused had slapped him after that the petitioner had robbed a sum of Rs.550/- from the defacto complainant. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He further submits there is no previous cases against the petitioner and he is ready to abide by any stringent conditions

imposed by this Court. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the petitioner herein along with other three others waylaid the defacto complainant and demanded money, but he has denied to pay the money, then one of the accused had slapped him after that the petitioner had robbed a sum of Rs.550/- from the defacto complainant. He further submits that the robbed money not yet recovered. He admits that there is no previous case against the petitioner. However, he vehemently, opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Considering the nature of offence, the prime accused was arrested and remanded to judicial custody and there is no previous cases against the petitioner and considering all other aspects, 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, Thiruvottiyur 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 learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders.

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

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

[d] 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

25.10.2024 Vv P.DHANABAL, J.

Vv Crl.O.P.No.26508 of 2024 25.10.2024