Karan v. State Rep.By
T.V.THAMILSELVI,J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 392 IPC, in Crime No.462 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 17.12.2022 at about 12.00 hours the accused have robbed a mobile phone from two North Indians, who were staying in the de-facto complainant's house, at knife point. Hence the case.
3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he was falsely implicated in this case. He further submitted that the petitioner is no way connected with the alleged offence and he was implicated in this case only based on the suspicion. He also stated that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner along with the accused have robbed a mobile phone from two North Indians at knife point, who were staying at defacto complainant's house. He also submitted that the robbed mobile phone was recovered and he also stated that no previous case is pending as against this petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and also taking note of the fact that there is no previous case as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. 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-I, Thiruvallur, 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, failing which, the petition for anticipatory bail shall stands dismissed and on further condition that:
[a] 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 on everyday at 10.30a.m. for a period of two months and thereafter, as and when required for interrogation;
T.V.THAMILSELVI,J.
ham [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.
23.12.2022 ham