Anoosha Shahid v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.01.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.68 of 2021 Anoosha Shahid ... petitioner Vs.

State Rep. by The Inspector of Police, R-8, Vadapalani Police Station, Chennai.

(Crime No.540 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge Bail to the petitioner in the event of her arrest in Crime No.540 of 2020 pending investigation on the file of the respondent police.

For Petitioner : Mr.C.Abraham Prabhu For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 380 and 457 of IPC, in Crime No.540 of 2013, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally entered the premises and had stolen 50 Sovereign of Gold Jewels, Rs.80,000/- cash and photocopy of her property document without her knowledge. Hence, the complaint was registered.

3. The learned counsel for the petitioner submitted that a false case has been foisted against the petitioner and he has nothing to do with the alleged offence. He further submitted that co-accused has already been arrested and released on bail. Hence, he prays for grant of anticipatory bail to the petitioner .

4. The learned Additional Public Prosecutor submitted that all the properties are recovered. He would further submits that coaccused has already been arrested and released on bail.

5. Taking into consideration the facts and circumstances of the case and also taking into the fact that co-accused has already been arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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 is made ready, before the learned XVII Judicial Magistrate, Saidapet, on condition that each of the petitioner shall execute a separate 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: [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 the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[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 229-A IPC.

-sd/- 11/01/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 XVII JUDICIAL MAGISTRATE COURT SAIDAPET, CHENNAI 2 THE METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION)

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, R-8, VADAPALANI POLICE STATION, CHENNAI.

CC to M/S. G.ABRAHAM PRABHU Advocate on payment of necessary charges CRL OP.68/2021 Date :11/01/2021 RVR 29/01/2021