Siva v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Sixth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.5532 of 2021 SIVA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, NELLIKUPPAM POLICE STATION, CUDDALORE DISTRICT-607 105.

(CR.NO.99/2021) For Petitioner : M/S.N.U.PRESSANNA Advocate For Respondent : MR.S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 379 and 511 of I.P.C in Crime No.99 of 2021 on the file of the respondent Police, seeks anticipatory bail.

2. Totally there are 3 accused in this case and the petitioner herein is A2. The allegation is that the petitioner said to have stolen some copper wires. Hence the complaint. 3.Heard the learned counsel for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with other accused have stolen some copper wire and on seeing the police they fled away from the scene of occurrence. He would further submit that the investigation was almost completed and A3 in this case had been already arrested and released on bail. However he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also the fact that the co-accused in this was already arrested and released on bail and the investigation was almost completed , this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.1, Cuddalore 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 this petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix his 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 as and when required for interrogation.

[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 229A IPC.

With the above directions this Criminal Original petition is ordered.

-sd/- 26/03/2021 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 THE JUDICIAL MAGISTRATE, NO.1, CUDDALORE.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE STATION HOUSE OFFICER, NELLIKUPPAM POLICE STATION, CUDDALORE DISTRICT.

+1 CC to M/S.N.U.PRESSANNA Advocate on payment of necessary charges SR.NO.4108 CRL OP.5532/2021 Date :26/03/2021 TA-15/04/2021