Lingeshwaran V v. The State Of Tamil Nadu Rep.By, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Lingeshwaran V Son Of, Mr.Vengatesan, No.19, 1st treet, Anna Salai Cross Street, Kodungaiyur, Chennai600118. Petitioner(s) Vs The State Of Tamil Nadu Rep.By, Inspector Of Police M-3 Puzhal Police Station, Chennai.
Respondent(s) For petitioner(s): Mr.Kalai arasan For Respondent(s): Mr.S.Balaji, Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 331 (2) and 305 of BNS in Crime No. 1036 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had committed theft of cellphone in the house of the de facto complainant. Hence, the complainant.
3. The learned counsel for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case; and that in any case custodial interrogation of the petitioner is not required for the purpose of investigation and hence, he prayed for grant of anticipatory bail.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are 8 previous cases as against the petitioner and opposed for grant of anticipatory bail.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.
6. Considering the submissions made on either side; nature of allegation; that the property was recovered; that the petitioner was arrested and released on bail in other previous cases and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:
(a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Madhavaram on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupe es 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 said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[b] the petitioner shall report before the respondent police every day at 10:30 a.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.
20.02.2025 vca
SUNDER MOHAN, J.
vca To
1. The State Of Tamil Nadu Rep.By, Inspector Of Police M-3 Puzhal Police Station, Chennai.
20.02.2025