M.Sathish v. The State Rep. By

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 304 (2) in Crime No.394 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had snatched the mobile phone belonging to the de facto complainant. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and that false case has been registered against the petitioner. The learned counsel further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, the learned counsel prayed for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police while opposing the grant of anticipatory bail to the petitioner submitted that the petitioner had snatched the mobile phone belonging to the de facto complainant. The learned counsel further submitted that the petitioner herein is the first accused and the second accused was already arrested and still 1/4

in custody and no recovery has been made from the petitioner. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either sides and the fact that no recovery has been made from the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

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 XVIII Metropolitan Magistrate, Saidapet, Chennai , 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 conditions that:

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[a] the petitioner shall report before the respondent police daily at 10.30 a.m., and 06.30 p.m., until further orders. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

15.11.2024 sai 3/4

A.D.JAGADISH CHANDIRA, J.

sai Dated: 15.11.2024 4/4