Devendiran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9603 of 2022 DEVENDIRAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] SUB INSPECTOR OF POLICE, THANIPADAI POLICE STATION, THIRUVANNAMALAI DISTRICT (CRIME NO.348/2020) For Petitioner : M/S R.BALAKRISHNAN Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) 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 Section 379 of IPC in Crime No.348 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.

The petitioner herein apprehends arrest in a case registered against him on 04.04.2020 alleging theft of 20 Kg of fish worth about Rs.1,000/-.

4.

The learned Government Advocate (Crl. Side) states that, as per the instruction, the petitioner was released on bail in the station itself.

5.

In view of the above fact, this court is inclined to grant anticipatory bail to the petitioner.

6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Thandarampattu, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(c)the petitioner shall report before the Investigating Officer daily at 10.30 a.m. for a period of fifteen days(15) and thereafter as and when required for interrogation;

(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 has 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 27/04/2022 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 DISTRIC MUNSIF CUM JUDICIAL MAGISTRATE, THANDARAMPATTU 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI(FOR INFORMATION)

3 SUB INSPECTOR OF POLICE, THANIPADAI POLICE STATION, THIRUVANNAMALAI DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S R.BALAKRISHNAN Advocate on payment of necessary charges Sr.6322 CRL OP.9603/2022 Date :27/04/2022 RVR 05/05/2022