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Madras High CourtCRL OP/18518/2024granted

J Paulraj v. The State Rep.By

2024-08-01Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 399 and 402 of IPC in Crime No.410 of 2024, seeks anticipatory bail.

2. Learned counsel appearing for the petitioner submitted that there is no specific overtact attributed against the petitioner and he is no way connected with the offence. He would submit that the has not at all committed any of offence as alleged by the respondent police. Hence, he prays to grant anticipatory bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that on 13.06.2024, on a secret information, when the respondent police went for a routine checkup, the petitioner along with toehr accused said to have assembled and preparing to commit dacoity. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.

4.Taking into consideration the facts of the case and the submissions made by the learned counsels, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned XV Metropolitan Magistrate Court, 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, 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 and on further condition that: (a) the petitioner is directed to deposit a sum of Rs.15,000/- as non-refundable deposit to the credit of Society for the Educational and Economic Development (SEED) Reg., Sriperumbudur, Account Name : SEED, A/c.No.2926101000002, Canara Bank, Sriperumbudur, IFSC CNRB0002926, Cell No.9944812053.

(b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and

the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m, for a period of three months;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner 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 petitioner in accordance with law as if the conditions has been imposed and the petitioner is 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;

01.08.2024 gd T.V.THAMILSELVI, J.

gd 01.08.2024