Saroja v. State Rep. By

A.D.JAGADISH CHANDIRA, J.

Apprehending arrest in connection with Crime No.579 of 2024 registered for the offences punishable under Sections 331(4), 305(a), 329(3) & 351(2) of BNS, 2023, the present petition has been filed seeking anticipatory bail.

2. The case of the prosecution is that, the petitioners trespassed into the defacto complainant's house, threatened and committed theft of jewels and cash worth Rs.43,000/-. Hence, the case.

3. Pleading innocence on the part of the petitioners, false implication in the case, due to property dispute, the learned counsel for the petitioners seeks indulgence of this court. He further submits that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court.

4. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, would submit that, due to property dispute, the petitioners along with other, life threat and committed theft of jewels and cash

to the tune of Rs.43,000/-. He would further submit that there is no previous case pending against the petitioners.

5. Having heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Omalur, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen 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 petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book

to ensure their identity;

[b] the 1st petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one weeks and thereafter, on every 1st Saturday of every month at 10.30 a.m., until further orders, the 2nd petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

[c] the petitioners 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 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 269 of B.N.S.

28.11.2024 dsn

A.D.JAGADISH CHANDIRA, J.

dsn 28.11.2024