Nirmala @ Nimmy v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Anwar @ Anwardeen

...Petitioner

Vs.

State Rep by The Inspector of Police, S-11, Tambaram Police Station, Kanchipuram District.

Crime No.132 of 2020 ... Respondent Prayer : Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.132 of 2020 on the file of the respondent police.

For Petitioner : Mr.D.Gopi Krishnan For Respondent : Mr.A.Gopinath, Government Advocate (Crl.side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 20.03.2020 for the offences publishable under Section 381 of 1/4

IPC in Crime No.132 of 2020 on the file of the respondent police, seeks bail.

2. The Learned counsel for the petitioner would submit that the offence attributed to the petitioner is that he stole textile goods from the shop in which he was working. The petitioner is aged about 71 years and he is arrayed as the second accused. Therefore, the petitioner should be enlarged on bail.

3. In view of the above submission, the interim bail granted to the petitioner in Crl.OP.No.7371 of 2020 dated 29.04.2020 is made absolute on the following conditions;

[a] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

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

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

[d] On breach of any of the aforesaid conditions, the learned 2/4

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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

22.08.2022 mpl 3/4

G.K.ILANTHIRAIYAN, J.

mpl To 1.The Inspector of Police, S-11, Tambaram Police Station, Kanchipuram District.

2.The Public Prosecutor, High Court of Madras Crl.O.P.No.7371 of 2020 22.08.2022 4/4