M Ranjithkumar v. The Sub Inspector Of Plice

Crl.O.P.Nos. 12849, 12850, 12974, 12976, 12978, 12979, 12984, 13034, 13050, 13164 of 2023 A.D.JAGADISH CHANDIRA, J., In Crl.O.P.No.12849 of 2023, the petitioner, who apprehends arrest at the hands of the respondent/ Police for the offences punishable under Section379 IPC in Crime No. 172 of 2023, seeks anticipatory bail.

2. In Crl.O.P.No.12850 of 2023, the petitioner, who apprehends arrest at the hands of the respondent/ Police for the offence punishable under Section 379 IPC., in Crime No. 117 of 2023, seeks anticipatory bail.

3. In Crl.O.P.No.12974 of 2023, the petitioner, who apprehends arrest at the hands of the respondent/ Police for the offence punishable under Section 379 of IPC., in Crime No. 162 of 2022, seeks anticipatory bail.

4. In Crl.O.P.No.12976 of 2023, the petitioner, who apprehends arrest at the hands of the respondent/ Police for the offence punishable under Section 379 of IPC in Crime No. 73 of 2023, seeks anticipatory bail.

5. In Crl.O.P.No.12978 of 2023, the petitioner, who apprehends arrest at the hands of the respondent/ Police for the offence punishable under Section 379 of IPC in Crime No.13 of 2023, seeks anticipatory bail.

6. In Crl.O.P.No.12979 of 2023, the petitioner, who apprehends arrest at the hands of the respondent/ Police for the offence punishable under Section 379 of IPC in Crime No. 173 of 2023, seeks anticipatory bail.

7. In Crl.O.P.No.12984 of 2023, the petitioner, who apprehends arrest at the hands of the respondent/ Police for the offence punishable under Section 379 of IPC in Crime No. 59 of 2023, seeks anticipatory bail.

8. In Crl.O.P.No.13034 of 2023, the petitioner, who apprehends arrest at the hands of the respondent/ Police for the offence punishable under Section 379 of IPC in Crime No.74 of 2022, seeks anticipatory bail.

9. In Crl.O.P.No.13050 of 2023, the petitioner, who apprehends arrest at the hands of the respondent/ Police for the offence punishable under Section 379 of IPC in Crime No. 169 of 2023, seeks anticipatory bail.

10. In Crl.O.P.No.13164 of 2023, the petitioner, who apprehends arrest at the hands of the respondent/ Police for the offence punishable under Section 379 of IPC in Crime No.72 of 2023, seeks anticipatory bail.

11. The case of the prosecution in Crl.O.P.No.12849 as per the defacto complainant Junior Engineer, TNEB, Poondi village is that on 20.01.2023, the electricity line wire approximately 2100 metres was found missing. Hence the complaint.

12. The case of the prosecution in Crl.O.P.No.12850 as per the defacto complainant Kumaravel is that on 13.03.2023, the electricity line wire approximately 2340 metres was found missing. Hence the complaint.

13. The case of the prosecution in Crl.O.P.No.12974 as per the defacto complainant Junior Engineer, TNEB, Poondi village is that on 14.12.2022, the electricity line wire approximately 2460 metres was found missing. Hence the complaint.

14. The case of the prosecution in Crl.O.P.No.12976 as per the defacto complainant Junior Engineer, TNEB, Poondi village is that on 22.02.2023, the electricity line wire approximately 2000 metres was found missing. Hence the complaint.

15. The case of the prosecution in Crl.O.P.No.12978 as per the defacto complainant Junior Engineer, TNEB, Poondi village is that on 13.01.2023, the electricity line wire approximately 250 metres was found missing. Hence the complaint.

16. The case of the prosecution in Crl.O.P.No.12979 as per the defacto complainant Junior Engineer, TNEB, Poondi village is that on 13.01.2023, the electricity line wire approximately 1000 metres was found missing. Hence the complaint.

17. The case of the prosecution in Crl.O.P.No.12984 of 2023 as per the defacto complainant Junior Engineer, TNEB, Poondi village is that on 12.02.2023, the electricity line wire approximately 2420 metres was found missing. Hence the complaint.

18. The case of the prosecution in Crl.O.P.No.13034 of 2023 as per the defacto complainant Junior Engineer, TNEB, Poondi village is that on 13.06.2022, the electricity line wire approximately 2180 metres was found missing. Hence the complaint.

19. The case of the prosecution in Crl.O.P.No.13050 of 2023 as per the defacto complainant Junior Engineer, TNEB, Poondi village is that on 20.04.2023, the electricity line wire approximately 3920 metres was found missing. Hence the complaint.

20. The case of the prosecution in Crl.O.P.No.13164 of 2023 as per the defacto complainant Junior Engineer, TNEB, Poondi village is that on 31.01.2023, the electricity line wire approximately 2080 metres was found missing. Hence the complaint.

21. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution and that he has been falsely implicated in the

abovesaid cases based on the confession given by the co-accused. He further submit that the petitioner is a contractual labour. Hence, he prays for grant of anticipatory bail to the petitioner.

22. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner along with other accused committed theft of electricity wire. Hence, he opposed for grant of anticipatory bail to the petitioner.

23. Heard both sides and perused the materials available on record including the FIR.

24. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain condition.

25. 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 Judicial Magistrate No.I, Thiruvallur on condition that the petitioner shall execute 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 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/trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the Vengal Police Station every day at 10.30 a.m., and also shall report before the Pullarambakkam Police Station every day at 6.30 pm 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] 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 petitioners released on bail by the learned Magistrate/Trial Court, 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 petitioner herein thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

26. Accordingly, the Criminal Original Petitions are ordered. 13.06.2023 mfa

A.D.JAGADISH CHANDIRA, J.

mfa Crl.O.P.Nos. 12849, 12850, 12974, 12976, 12978, 12979, 12984, 13034, 13050, 13164 of 2023 13.06.2023