Dillikumar @ Dillibabu v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Third day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.12302 of 2022 DILLIKUMAR @ DILLI BABU [ PETITIONER / ACCUSED ] Vs THE STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ORAGADAM POLICE STATION, KANCHEEPURAM DISTRICT.

CRIME NO.164 OF 2022.

For Petitioner : M/S. M. ANAND Advocate For Respondent : M/S.E.RAJ THILAK, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.04.2022 for the alleged offences under Sections 120B, 407, 420, 465, 468, 471, 381, IPC in Crime No.164 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that some of the employees of the Company colluded with one Venkatesan and Kumaresan, had stolen 105 tons of Iron rods in three trailer lorries. There are totally 12 accused persons in this case and the petitioner has been arrayed as A7.

3. Heard Mr.M.Anand, learned counsel for the petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor for the respondent.

4. The petitioner was working as lorry driver in the Company and the entire stolen properties have been recovered from the accused persons. There are no previous cases against the petitioner and already, one of the co-accused, viz. A10 was granted anticipatory

bail by this Court. The petitioner has already suffered incarceration for nearly 41 days.

5. In view of the above, this Court is inclined to enlarge the petitioner on bail subject to imposing conditions.

6. Accordingly, the petitioner is ordered to be released on bail on 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 learned Judicial Magistrate, Sriperumbudur, and on further conditions that:- [a] 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 daily at 10.30 am, until further orders; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [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 v. State of Kerala [(2005) AIR SCW 5560]; and [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 23/05/2022 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, SRIPERUMBUDUR, KANCHEEPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ORAGADAM POLICE STATION, KANCHEEPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

+1 CC to M/S. M. ANAND Advocate on payment of necessary charges SR.NO.7792 CRL OP.12302/2022 Date :23/05/2022 TA-24/05/2022