Dushyanth Sugumar v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 8994 of 2025 Dushyanth Sugumar Petitioner(s) Vs The State Represented by, The Inspector of Police, D-3, Ice House Police Station, Chennai. (Crime No.153 of 2023) Respondent(s) For Petitioner(s):

M/s.M.Bhavani For Respondent(s):

Mr.S.Balaji, Government Advocate (Criminal Side) PRAYER To enlarge the petitioner on anticipatory bail in the event of his arrest by the Respondent in Crime No.153 of 2023 on the file of the Respondent.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Section 380 of IPC, in Crime No.153 of 2023, on the file of the respondent Police, seeks anticipatory bail. 1 / 4

2. The case of the prosecution is that, the petitioner/accused had committed theft of a grill gate from the de facto complainant's house.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent; that the allegations are false; and that in any case, custodial interrogation is not required and sought for anticipatory bail for the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions, submitted that the property was recovered and that one previous case is pending against the petitioner and he is on bail in that case.

5. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.

6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel on either side, the fact that the case registered in the year 2023, the property has been recovered from the accused, and since, custodial interrogation is not required for the purpose of 2 / 4

investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned II Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a separate 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, the petition for anticipatory bail shall stand dismissed 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 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; 3 / 4

SUNDER MOHAN J.

ham [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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

ham 26-03-2025 To

1. The Inspector Of Police, D-3, Ice House Police Station, Chennai.

2. The II Metropolitan Magistrate, Egmore, Chennai.

CRL OP No. 8994 of 2025 4 / 4