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Madras High CourtCRL OP/13179/2016granted

Rajkumar v. State Rep.By

2016-06-28Honourable Mr Justice S. Vaidyanathan2 pages

Crl.O.P.No.13179 of 2016 S.VAIDYANATHAN, J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 380 and 457 IPC in Crime No.307 of 2016 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused is alleged to have committed theft of Sewing Machines worth about Rs.1,50,000/-. Hence, the present complaint.

3. The learned counsel appearing for the petitioner would submit that based on the confession statement of the accused, the petitioner has been falsely implicated in this case. He further submitted that he has not committed any offence as alleged by the persecution further adds that coaccused was already granted bail by this Court in Crl.O.P.No.13029 of 2016 dated 27.06.2016.

4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that the properties were recovered from the accused.

5. Considering the above facts and circumstances of the case and also considering the fact that the petitioner has no bad antecedents, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

S.VAIDYANATHAN, J.

kal Accordingly, the petitioners are ordered to be released on bail on each of them executing 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 Judicial Magistrate, Arakkonam and on further condition that: [a] the petitioner is directed to appear before the respondent Police daily at 10.00 a.m for a period of 15 days and thereafter, as and when required for further interrogation.

[b] the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the 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].

28.06.2016 kal Crl.O.P.No.13179 of 2016