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Madras High CourtCRL OP/244/2025granted

Senthamil Selvan Alias Adhisayam v. The State, Rep By, The Inspector Of Police

2025-01-08Honourable Mr Justice A.D.Jagadish Chandira5 pages

CRL OP NO. 244 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 244 of 2025 Senthamil Selvan Alias Adhisayam S/o.Baskar, No.73, Bajanai Koil Street, Selai Village, Tiruvallur Taluk And District.

Petitioner(s) Vs The State, Rep By, The Inspector Of Police Railway Police Station, Tiruvallur, Tiruvallur District. Crime No.57 Of 2024 Respondent(s) For Petitioner(s):

U.Ganesh Kumar For Respondent(s):

S.Santhosh Government Advocate (criminal Side).

ORDER

Apprehending arrest in connection with Crime No.57 of 2024, registered for the offences punishable under Sections 392 of the Indian Penal Code, 1860, the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would submit that he is innocent and no way connected with this case. Based on the confession of the arrested accused this petitioner has been implicated in this case. He would further submit that he is ready to abide by any stringent condition that may be imposed by this Court.

3.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, is that A1 and A2 attacked the defacto complainant and snatched the cell-phone and the same has been recovered from the accused. In this case A1 to A3 were arrested and released on bail. He would further submit that the petitioner herein is A4 and there is one previous case as against the petitioner.

4.Having heard the learned counsel for the petitioner, and 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 petitioner with certain 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 learned Judicial Magistrate No.I at Tiruvallur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, one surety should be either the father or mother of the petitioner, each for a like sum to the satisfaction of the respondent police or the police officer who intend 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 his Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police on every day at 06.30 p.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;

[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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

08-01-2025 To 1.The Judicial Magistrate No.I at Tiruvallur. 2.The Inspector Of Police Railway Police Station, Tiruvallur, Tiruvallur District.

A.D.JAGADISH CHANDIRA, J.

ah CRL OP NO.244 of 2025 08.01.2025