Deena v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Seventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2789 of 2022 DEENA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ULUNDERPET POLICE STATION, KALLAKURICHI DISTRICT.
CRIME NO.38/2022.
For Petitioner : M/S.M.SUBASH Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under sections 457 and 380 of I.P.C, in Crime No.38 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner herein arrayed as A2. It is alleged that the petitioner along with other accused were involved in stealing of two CCTV cameras and a sum of Rs.4,730 in a TASMAC shop situated at Pandoor, Uundurpet. Hence the complaint was registered by the Law Enforcing Agency. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offences as alleged by the prosecution. He further submitted he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the respondent submits that the stolen properties has been recovered. He further submitted that there is no previous cases pending against the petitioner and also submitted that investigation almost completed. However, he opposed grant of anticipatory bail to the petitioner.
5. In view of the above submissions made by the learned Counsels appearing for either sides and also considering the fact that the stolen property has been recovered from the accused persons further custodial interrogation may not be necessary, hence this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No 1, Ulundurpet 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 and on further condition that:
(a) the petitioner and the sureties shall affix his photographs and left thumb impression in the surety bond and the Court concerned 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 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 07/02/2022 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 THE JUDICIAL MAGISTRATE, NO.1, ULUNDURPET, VILLUPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ULUNDERPET POLICE STATION, KALLAKURICHI DISTRICT.
CC to M/S.M.SUBASH Advocate on payment of necessary charges CRL OP.2789/2022 Date :07/02/2022 TA-16/02/2022