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Madras High CourtCRL OP/1664/2025granted

Sathish @ Sathishkumar, v. State Rep.By, The Inspector Of Police,

2025-01-24Honourable Mr Justice A.D.Jagadish Chandira4 pages

CRL OP NO. 1664 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1664 of 2025 Sathish @ Sathishkumar, S/o. Manikam, No.132, Pilaiyar Kovil Street, Anur, Venbakkam, Kanchipuram District.

Petitioner(s) Vs State Rep.By, The Inspector Of Police, Dusi Police Station, Tiruvannamalai District. (Cr.No. 351 of 2023) Respondent(s) For Petitioner(s):

Saranraj V.S.Madhanraj E. Muruganandam.R N.Logeshwaran For Respondent(s):

S.Santhosh Government Advocate (criminal Side) Madras High Court.

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 399 of IPC in Crime No.351 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 14.08.2023, when the respondent police were patrolling near Ukkaperumbakkam Annamalaiyar School, at that time, the defacto complaint watched the petitioner along with others were in possession of deadly weapons and they were planning to commit robbery. Hence, this case.

3. Learned counsel appearing for the petitioner would submit that the petitioner is innocent and have not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to produce solvent sureties and to abide with any conditions that may be imposed by this Court, therefore, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for grant of anticipatory bail to the petitioner, stating that the petitioner along with others were in possession of deadly weapons. He further submitted that investigation is completed and final report has been filed in P.R.C.No.20 of 2024 before the learned Judicial Magistrate, Cheyyar and the next hearing date is 27.02.2025.

5. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR.

6. Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side, 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, Cheyyar, Tiruvannamalai District on condition that 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 learned Judicial Magistrate, Cheyyar, Tiruvannamalai District on 27.02.2025 at 10.30 a.m., and thereafter, on the dates fixed by the learned Trial Judge.

[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 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].

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

24-01-2025 msv To The Inspector Of Police, Dusi Police Station, Tiruvannamalai District.