Pradeep v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Pradeep ... Petitioner Vs State Rep by, Inspector of Police, Korukupet Police Station, Chennai.

Crime No.111/2024.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in Crime No.111 of 2024 on the file of respondent. For Petitioner :

Mr.V.Vasanth For Respondent :

Mr.V.Meganathan, Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 399 & 402 IPC in Crime No.111 of 2024, on the file of the respondent Police, seeks anticipatory bail. Page No.1 of 5

2.The case of the prosecution is that on 17.04.2024, based on the information, the respondent Police conducted surveillance near Kamarajar Colony where the accused persons found conspiring to commit dacoity by targeting locked houses and shops. On seeing the Police team, four persons fled away from the scene. Hence, the complaint. 3.The learned counsel for petitioner submits that the petitioner is an innocent person and he has nothing to do with the alleged offence. He further submits that the petitioner's name does not find place in FIR and only on suspicion, subsequently, the petitioner is arrayed as accused. The petitioner is ready to abide by any stringent condition that may be imposed by this Court.

4.Learned Government Advocate (Criminal Side) appearing for the respondent Police submits that two accused were apprehended at the scene of occurrence with dangerous weapons and the petitioner along with three others escaped. On investigation, the petitioner's name included. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Page No.2 of 5

6.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 of receipt of a copy of this order, before the learned XV Metropolitan Magistrate, George Town, Chennai 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 said Magistrate, on further condition that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b]The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identify proofs to ensure their identity; [c]the petitioner shall report before the respondent Police daily at 10.30 a.m until further orders.

[d] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall make himself available for interrogation by a Police officer as and when required;

[f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the Page No.3 of 5

first fifteen days, they shall comply to the directions as may be given by the Court in this regard;

[g] the petitioner shall not abscond either during investigation or trial; [h] 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 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];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

03.07.2025 vv2 To 1.The XV Metropolitan Magistrate, George Town, Chennai.

2.The Inspector of Police, Korukupet Police Station, Chennai.

3.The Public Prosecutor, Madras High Court.

Page No.4 of 5

M.NIRMAL KUMAR, J.

vv2 03.07.2025 Page No.5 of 5