L.Kishore v. State Rep By

Crl.O.P.No.27591 of 2023 C.V.KARTHIKEYAN , J.

The petitioner/A2 in Crime No.126 of 2023, registered under Sections 381, 411 and 506(i) IPC seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondents.

3. It is stated that all the accused persons had stolen XYLO Car of the de facto complainant on 18.11.2022. When the de facto complainant sought return of the Car the accused are said to have demanded money. The respondents have however seized the Car. Taking that factor into consideration, anticipatory bail is granted.

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

5.Accordingly, the petitioner/A2 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 Metropolitan Magistrate No.XXIII, Saidapet, Chennai, on condition that the petitioner shall execute a 1/4

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 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/A2 to appear before the respondent police every day at 10.30 a.m, until further orders, or definitely till A4 either surrender before the respondent or secure before the respondent. [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 petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in 2/4

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;

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C.V.KARTHIKEYAN , J.

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