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Madras High CourtCRL OP/2224/2024granted

Vigneshwaran v. State By

2024-02-06Honourable Mr Justice C.V. Karthikeyan4 pages

Crl.O.P.No.2224 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/accused in Crime No.26 of 2024 registered by the respondent police for the offences punishable under Section 379 of IPC seeks anticipatory bail .

2. It is stated that this petitioner and A1 had stolen a motor cycle bearing Regn.No.TN-23-DA-5209 from the defaco complainant. However, A1 had been arrested and is still in custody. There is no previous case against the petitioner. The stolen two wheeler had been recovered.

3. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

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4. 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-I, Vellore on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 on everyday 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.

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[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 229A IPC.

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C.V.KARTHIKEYAN,J.

Vv Crl.O.P.No.2224 of 2024 06.02.2024 4/4