S.Ramesh v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under Sections 447, 395 and 397 IPC in Cr.No.467 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.There are totally nine accused in this case, in which the petitioner is arrayed as A9. The case of the prosecution is that the petitioners along with other accused had illegally stolen the steel materials from the closed companies. Hence, the case.

3.The learned counsel appearing for the petitioner submits that he is an innocent person and he has been falsely implicated in this case. He would submit that A3 and A4 have been released on bail. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that petitioner along with other accused had illegally stolen 60 tonnes of scrap materials from the closed companies. He

would submit that some of the accused have been detained under Goondas. Further, there is no previous case pending against the petitioner and that the stolen properties have been recovered. He would further submit that the investigation has been completed. However, he opposed to grand anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and that the stolen properties have been recovered and that the investigation has been completed, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif Cum Judicial Magistrate, Parangipettai 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 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 Court concerned 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 Tuesday and Sunday at 10.30 a.m. for a period of eight weeks and thereafter, appear before the trial Court on all hearing dates. (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 anticipatory 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

20.12.2022 anu

T.V.THAMILSELVI, J.

anu 20.12.2022