V.Selva Surya v. The State Rep By

C.V.KARTHIKEYAN,J.

The petitioner/A6 who apprehends arrest at the hands of the respondent Police for the offences under Section 392 of IPC in Crime No.112 of 2023, seeks anticipatory bail.

2.It is stated that A1 to A5 had been taken into custody and later, enlarged on bail. It is the case of the prosecution that all the accused had joined together and committed the offence under Section 392 of IPC and had stolen gold jeweleries and mobile phones and also forced the defacto complainant to transfer a sum of Rs.17,000/- by googlepay. 3.It is stated that 2 sovereigns of gold jeweleries have been recovered and apart from that, two mobile phones have also been recovered. 4.Taking all the factors into consideration, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions: 5.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 Judicial Magistrate, Ambattur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a like 1/4

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 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 deposit a sum of Rs.17,000/- (Rupees Seventeen Thousand only) to the credit of Crime No.112 of 2023 before the Judicial Magistrate, Ambattur within a period of two weeks from the date of receipt of a copy of this order and on such deposit, the learned Magistrate, may hand over the same to the defacto complainant. [d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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].

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[g] 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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