R. Sivaraman v. State Rep By

C.V.KARTHIKEYAN , J.

The Petitioner/A1 in Crime No.1174 of 2021 registered by the respondent police for the offences under Sections 394, 397 IPC and later it was altered as 395 IPC with respect to an occurrence which took place in the year 2021, seeks anticipatory bail.

2. The learned Government Advocate (Criminal Side) stated that the Accused persons had waylaid the defacto complainant and had robbed a sum of Rs.80,000/-. Hence, he oppose this petition.

3. The learned counsel for the Petitioner stated that the Petitioner was never involved in any of the offences as alleged by the respondent. He also stated that the Accused A2, A3 and A4 had been arrested and had granted bail. Thus, he prays for anticipatory bail to the Petitioner herein.

4. Taking into consideration of the fact that this FIR had been registered a long period before, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. Accordingly, the petitioner is 1/4

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 Court No.VIII, Gorge Town, 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 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 shall report before the Respondent Police daily at 10.30 a.m., until further orders. [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.

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[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.

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C.V.KARTHIKEYAN , J.

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