Ramesh Kumar v. Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7860 of 2022 1 RAMESH KUMAR [ PETITIONERS / ACCUSED ] 2 LALITHA RAMESH 3 MURUGAN 4 VIJAYSANTHI SAMPATH Vs THE STATION HOUSE OFFICER [ RESPONDENT ] PONNAI POLICE STATION, KATPADI, VELLORE 632 514.

CRIME NO.NOT KNOWN OF 2022 For Petitioner : M/S.V.RAGHAVACHARI Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 379, 403 and 411 of IPC in Crime.No. not known of 2022 on the file of the respondent police, seek anticipatory bail.

2.The petitioners apprehending arrest in the case of theft, wherein one Sakthivel was arrested and others were apprehending arrest since the accused Sakthivel has implicated them as if he has given 148 grams of gold jewels to the petitioner herein. 3.The learned Government Advocate (Crl side) stated that these petitioners are not named in the complaint, but, their presence may be required for investigation. If they participate and cooperate for the investigation there is no need to arrest them unless any cognizable offence made against them.

4. Considering the above submissions, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate I, Walajapet, on condition that the petitioners shall execute separate bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioners 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;

(c) the petitioners shall report before the Investigation Officer as and when required for an interrogation ;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned 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 are 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 (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 05/04/2022 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 THE JUDICIAL MAGISTRATE, NO.I, WALAJAPET.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT. [FOR INFORMATION] 3 STATION HOUSE OFFICER PONNAI POLICE STATION, KATPADI, VELLORE 632 514.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.V.RAGHAVACHARI Advocate on payment of necessary charges SR.NO. 5211 CRL OP.7860/2022 Date :05/04/2022 RW 19/04/2022