Ramachandran v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Ramachandran S/o Ganesan, Kovilkulam North, Ayakkanpulam 4th Sethi, Vedaranyam Taluk, Nagapattinam.
Petitioner(s) Vs The State Rep by, The Inspector of Police, Voimedu Police Station, Nagapattinam District. (Crime No.241 of 2024) Respondent(s) For Petitioner(s):
Palanivel Nadimuthu Bala Manimaaran R.Naresh Kumar For Respondent(s):
S.Santhosh Government Advocate (criminal Side), Madras High Court.
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O R D E R
Apprehending arrest in connection with Crime No.241 of 2024 registered for the offences punishable under Sections 118, 125, 125 (b) of Bharatiya Nyaya Sanhita Act r/w section 135 (1) (a) of Electricity Act, the present petition has been filed seeking anticipatory bail.
2. Learned counsel appearing for the petitioner would submit that petitioner is innocent and has not committed any offence and falsely implicated in this case, based on the confession of the arrested accused. He would further submit that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, therefore, he prayed for the grant of anticipatory bail to the petitioner.
3. The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail to the petitioner, who has been arrayed as A2, based on the confession statement of the accused A1, is that the petitioner along with Page No.2 of 5
other accused are fraudulently stolen the electricity from the electric pole and kept the alive line on the earth in order to hunt the forest animals. The defacto complainant was attacked by the petitioner and get electric shock and he had sustained burn injuries on his right heels and he had admitted in the Government Medical College Hospital, Nagapattinam. He further submits that A1 was arrested and released on bail.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he 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 of receipt of a copy of this order, before the learned District Munsif Cum Judicial Magistrate, Vedaranyam 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 said Magistrate, on further condition that: Page No.3 of 5
[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 respondent Police, everyday at 6.30 p.m., until further orders; [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 BNS.
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A.D.JAGADISH CHANDIRA , J.
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