Crl.O.P.No.10499 of 2023

Crl.O.P.No.10499 of 2023

A.D.JAGADISH CHANDIRA,J.

The petitioner, who apprehends arrest at the hands of the

respondent police for the alleged offences punishable under Sections 342,

365, 392 and 397 of IPC, in Crime No. 1362 of 2021, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that he

is in-charge of one service apartment. On 11.12.2021, one Sivakumar and

Raja came to the apartment and booked Room Nos.203 and they demanded

for another room on 12.12.2021 in order to stay for two ladies and the same

was allotted to them. While so, on 15.12.2021, at about 5.00 p.m, the

petitioner along with other accused persons enquired about Sivakumar, when

he refused to give the information about him, the accused assaulted the

defacto complainant by sickle and also taken a sum of Rs.21,000/- and two

cell phones from him. Further allegation is that, the two ladies had also taken

CCTV Box, laptop and other documents from the apartment. Hence, the

case.

Page 1 of 5

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.10499 of 2023

3. The learned counsel for the petitioner would submit that the

petitioner is an innocent person and a false complaint has been given against

him. He would further submit that the defacto complainant was involved in

running a brothel by engaging two ladies in the apartment and when the

petitioner has questioned the same, a false complaint has been given against

him. Subsequently, on the false complaint, the petitioner was arrested by the

very same respondent in Crime No.160 of 2023 and when he was in prison,

the respondent have not taken any steps to show formal arrest of the

petitioner in the present case and when the petitioner has gone to comply

with the condition, the respondent have threatened that he would be arrested

and thereby the present petition has been filed. Hence, he prayed to grant

anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that

the petitioner along with other accused persons assaulted the defacto

complainant by sickle and also taken a sum of Rs.21,000/- and two cell

phones from him. He further submitted that the two ladies have been secured

and the accused have also taken CCTV Box, laptop and other documents

Page 2 of 5

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.10499 of 2023

from the apartment. He further submitted that the petitioner was arrested and

released on bail in Crime no.160 of 2023. However, he vehemently opposed

to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and learned

Government Advocate (Crl. Side) and perused the materials available on

record.

6. Taking into consideration the facts and circumstances of the case

and also the submissions made on both sides, this Court is inclined to grant

anticipatory bail to the petitioner with certain conditions.

7. 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 learned Judicial

Magistrate Court No.II, Coimbatore, 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:

Page 3 of 5

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.10499 of 2023

[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