Sivaraman v. The State Rep. By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN Sivaraman ...Petitioner/Accused Vs.

The State Rep. by The Inspector of Police, Seven Wells Police Station, Chennai District.

(Crime No.1174 of 2021)

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in the event of his arrest in Crime No.1174 of 2021 on the file of the respondent police. For Petitioner :

Mr.Tamilselvan A For Respondent :

Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 394 and 397 of the IPC in Crime No.1174 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused had waylaid the de-facto complainant and had robbed a sum of Rs.80,000/-. Hence, the case.

3. Heard both sides.

4. This Court had granted anticipatory bail to the petitioner in Crl.O.P.No.27887 of 2023. However, it is seen that the petitioner had not executed sureties and the Crl.O.P.No.27887 of 2023 was dismissed automatically. Now the petitioner has filed a fresh anticipatory bail petition.

5. It is seen that though the petitioner had not executed the sureties, the respondent has not arrested the petitioner so far.

6. Hence, considering the nature of the allegations and the fact that the petitioner was earlier granted anticipatory bail application, this Court is inclined to grant anticipatory bail on the very same conditions imposed on the petitioner in Crl.O.P.No.27887 of 2023.

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7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy was made ready, before the learned Metropolitan Magistrate Court, VIII, George Town, Chennai, 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 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 daily at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the 3/5

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 B.N.S.

10.03.2025 dk To 1.The Metropolitan Magistrate Court VIII.

George Town, Chennai.

2.The Inspector of Police, Seven Wells Police Station, Chennai District.

3.The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN, J.

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