A.Arunkumar v. Staterep By The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioners, who apprehends arrest for the alleged offence under Section 379 of I.P.C in Crime No.85 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that when he has parked his two wheeler in front of his house, the same was missing. Hence the respondent police registered a case against the petitioners.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He further submits that only based on suspicion the petitioners have been implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that the petitioners unlawfully took the vehicle belonging to the defacto complainant. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the submissions made by the both counsel and also the fact that only on suspicion the petitioners have been implicated in this case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are 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, Ambur on condition that the petitioners shall execute a bond for a sum of Rs.

(b) the petitioners shall report before the respondent police everyday at 10.30a.m., for a period of six 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 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 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.

06.01.2023 smn

T.V.THAMILSELVI, J.

smn 06.01.2023