Bheesmar @ Bhismar And Others vs State Of Tamilnadu

R.Vijayakumar, J

The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 305 of BNS, 2023 (380 of IPC), in Crime No.94 of 2026 on the file of the respondent police, seek anticipatory bail.

The case of the prosecution is that the petitioners along with the other accused persons are alleged to have stolen the iron pipes, angle irons and wires kept on the defacto complainant's farm. Hence, this petition.

The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

The learned Government Advocate (Crl. Side) fairly submits that the entire stolen properties have been recovered and also the petitioners have no previous case. However, he opposes to grant anticipatory bail to the petitioners.

Heard both sides and perused the materials available on record.

Considering the rival submissions on either side and the nature of offences charged against the petitioners and considering the facts that the entire stolen properties have been recovered and no previous case is pending against the petitioners, I am inclined to grant anticipatory bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Thiruchuli, within a period of fifteen days from the date on which the order copy is made ready and on further conditions 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 their Aadhar card or Bank pass Book to ensure heir identity;

[b] the petitioners shall report before the respondent police on every Monday at 10.30 a.m. until further orders;

[c] the petitioners shall not commit any offences of similar nature.

[d] the petitioners shall not abscond either during investigation or trial.

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

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.