Madras High CourtCRL OP/4872/2022granted

V.Thamizharasan v. The Inspector Of Police

2022-03-01Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the First day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4872 of 2022 V.THAMIZHARASAN [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] J-3 GUINDY POLICE STATION, GUINDY, (CRIME) CHENNAI 600 035, CRIME NO.75/2022 For Petitioner : M/S.S.MOHAN RAJ 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 at the hands of the respondent police for the offence punishable under Sections 294(b), 381 and 506(i) of IPC in Crime No.75 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. It is alleged that the petitioner herein had involved in the theft of laptops, signed bond papers and cheques. According to the FIR, the petitioner herein is working as an Office Assistant in the defacto complainant's Company and joined with other two accused and stolen the properties of the defacto complainant including valuable securities.

3. The learned counsel for the petitioner has submitted that this petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) has submitted that the other two accused were arrested and all the stolen articles were recovered from them. Those two accused have already been released on bail and from their statement, this petitioner who was employed as an Office Assistant in the defacto complainant Company, had arrested for the commission of crime.

5. Taking note of the fact that the stolen articles were already been recovered and the prime accused were already released on bail and considering the rival submissions made by both counsel, 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 his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned IX Metropolitan Magistrate, Saidapet, Chennai 600 015 on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) the petitioner and the sureties shall affix their 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 Investigation Officer daily at 10.30 a.m., for a period of 30 days. (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/- 01/03/2022 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 IX METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI 600 015.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE J-3 GUINDY POLICE STATION, GUINDY, (CRIME) CHENNAI 600035, 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.MOHAN RAJ Advocate on payment of necessary charges CRL OP.4872/2022 Date :01/03/2022 RVR 09/03/2022