Babu v. Inspector Of Police

Crl.O.P.No.25753 of 2023 C.V.KARTHIKEYAN,J.

The petitioner seeks anticipatory bail in Crime No.511 of 2023 registered by the respondent police for the offences punishable under Sections 294(b), 323, 380 of IPC, 1860 with respect to an occurrence which took place on 17.10.2023.

2. It is stated that the accused persons had committed theft of copper and aluminium cable worth about Rs.1,00,000/-. A1, A2 and A3 had been taken into custody. It is further stated that there is no specific overt act as against the petitioner herein and there is no previous case against him. The stolen properties have been recovered.

3. In view of those facts, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: 1/4

4.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-II, Nagapattinam 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 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 everyday at 10.30 a.m until further orders.

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[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.

10.11.2023 Vv 3/4

C.V.KARTHIKEYAN,J.

Vv Crl.O.P.No.25753 of 2023 10.11.2023 4/4