B.Bharath v. The State Rep By Its The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence under Sections 147, 148, 341, 392, 397 and 506 (ii) of IPC in Cr.No.583 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 12.12.2022 at around 09:00 am, when the defacto complainant was walking near to the Velu Nagar Bus Stop, the petitioner along with other accused blocked him and threatened him with knife sickle point demanding money. When the defacto complainant refused to give money, A1 snatched his chain and ran away. Thereby, the defacto complainant lodged a complaint against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and due to previous enmity, he has been falsely implicated in the complaint lodged by the defacto complainant. He further submits that the co-accused were arrested and remanded to judicial custody and Hence, he prays to grant anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl. side) submits that the petitioner along with other accused had demanded money from the defacto complainant and snatched chain from him. The chain was also recovered from the accused. Hence, he opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, I am 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 Judicial Magistrate IV, Salem, 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 Page No:2/4

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 daily at 10.30 a.m. for a period of eight weeks and thereafter, as and when required for interrogation;

(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.

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T.V.THAMILSELVI, J.

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