Babu v. State Rep By

Crl.O.P.Nos.25911 and 27495 of 2023 and Crl.MP.No.18693 of 2023 C.V.KARTHIKEYAN , J.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent. 2.The petitioners in both the petitions had been issued with notice to appear before the respondent consequent to a complaint given by the de facto complainant which had been registered in FIR in Crime No.464 of 2023, under Sections 454 and 380 IPC. The petitioner in Crl.OP.No.25911 of 2023, is the husband of the de facto complainant and the 1st petitioner in Crl.OP.No.27495 of 2023, is said to be the servant of the petitioner in Crl.OP.No.25911 of 2023 and the 2nd petitioner in Crl.OP.No.27495 of 2023, is said to be a relative. Enquiry is on going. After the previous hearing date, notices had been issued under Section 41A Cr.PC., and the petitioners had appeared. There is an issue that the petitioners had taken away the jewells of the de facto complainant. Let the investigation proceed and thereafter, respondent may take further decisions. Anticipatory bail is granted.

3. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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4.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Tambaram, the petitioners each shall execute a separate 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 petitioners 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 in Crl.OP.No.25911 of 2023, to appear before the respondent everyday at 10.30 a.m., for a period of three weeks, the 1st petitioner in Crl.OP.No.27495 of 2023, to appear before the respondent everyday at 10.30 a.m., for a period of three weeks and the 2nd petitioner to appear before the respondent once a week at 10.30 a.m.,for a period of three weeks.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. 2/4

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

Intervening application (Crl.MP.No.18693 of 2023) stands closed. 15.12.2023 kp C.V.KARTHIKEYAN , J.

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Crl.O.P.Nos.25911 and 27495 of 2023 15.12.2023 4/4