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Madras High CourtCRL OP/12351/2022granted

Dilipkumar v. The Inspector Of Police

2022-06-15Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.12351 of 2022 1 DILIP KUMAR [ PETITIONERS / ACCUSED ] 2 JAYA KUMAR Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M.K.B NAGAR POLICE STATION, CHENNAI CRIME NO.299 OF 2019.

For Petitioners : M/S.G.VINODHKUMAR Advocate For Respondent : MR.S.UDAYA KUMAR, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners herein, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC in Crime No.299 of 2019, on the file of the respondent police, seek anticipatory bail.

2. The petitioners herein apprehend arrest by the respondent police in connection with a complaint regarding theft of Hyundai Eon car bearing registration No.TN 05 BP 6432, a case has been registered in Crime No.299 of 2019. Already one of the accused was arrested and released on bail based on the confession statement of the arrested accused, this petitioner apprehends arrest.

3. The learned Government Advocate (Crl.Side) for the respondent states that the car in the crime has already been recovered on 19.05.2022.

4. In view of change in circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 Metropolitan Magistrate No.X, Egmore, Chennai on condition that each of the petitioners shall execute a separate bond for a sum of Rs.

(c)the petitioners shall report before the Investigating Officer as and when required;

(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 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/- 15/06/2022 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 METROPOLITAN MAGISTRATE, NO.X, EGMORE, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, M.K.B NAGAR POLICE STATION, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.G.VINODHKUMAR Advocate on payment of necessary charges SR.NO.9308 CRL OP.12351/2022 Date :15/06/2022 JPA 20/06/2022