Saran @ Psycho Saran v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 429 of 2025 Saran @ Psycho Saran Petitioner(s) Vs The State represented by its, The Inspector of Police, E-1, Mylapore Police Station, Chennai.
Crime No.159 of 2023 Respondent(s) For Petitioner(s):
Mr.P.Surendran For Respondent(s):
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No.159 of 2023 registered for the offences punishable under Sections 147, 148, 341, 294(b), 324 and 506(ii) 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 further submit that the petitioner 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, the petitioner give the contention from the affidavit is a habitual offender and against him, 9 previous cases are pending.
4. In reply, the learned counsel for the petitioner would submit that the petitioner was subsequently arrested in a case in Crime No. 142 of 2024 on 24.04.2024 and these two cases are relating to the year 2023, and when the petitioner was in custody, the respondents have not taken any steps to formally arrest him in this case.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police, and perused the materials available on record, though in this case, it is stated that the petitioner has got 9 cases, these cases are relating to the year 2023. Subsequently, the petitioner had been arrested by the very same respondent in
connection with the Crime No. 142 of 2024 and he was in custody, during such time, the respondents have not taken any steps to formally arrest him in this case. In view of the same, 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 made ready, before the learned XVIII Metropolitan Magistrate, Saidapet, on condition that the petitioner shall execute a 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] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the XVIII Metropolitan Magistrate, Saidapet, on all working days at 10.30 a.m until further orders, except when he has to appear before the Trial Court before the XVII Additional Sessions Court, Chennai, where he is facing trial in S.C.No.343 of
2024;
[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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.
29.01.2025 dsn To 1.The Inspector of Police,
E-1, Mylapore Police Station, Chennai.
2.The Public Prosecutor, High Court, Madras.
A.D.JAGADISH CHANDIRA , J.
dsn 29.01.2025