Gopi v. Inspector Of Police

Crl.O.P.No.25884 of 2023 C.V.KARTHIKEYAN,J.

The petitioner seeks anticipatory bail in Crime No.257 of 2023 registered by the respondent police for the offences punishable under Sections 399 of IPC r/w 25(1A), 25(1AA) of Arms Act, 1959.

2. It is stated that the petitioner along with other accused persons are alleged to have planned to rob a certain place and they had deadly weapons. It is also stated there are no previous case against the petitioner and the weapons have been recovered from A1 to A4 who have been taken into custody.

3. Taking into consideration that the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

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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 Court-I, Poonamalle 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 every day 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.

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C.V.KARTHIKEYAN,J.

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