V. Charukash v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 30508 of 2024 V. CHARUKASH S/O. VASUDHEVAN, NO.96, SAMUTHIRAKALANI, TIRUVANNAMALAI - 606601.
PETITIONER(S) Vs STATE REP.BY THE INSPECTOR OF POLICE, TIRUVANNAMALAI TOWN CRIME POLICE STATION, TIRUVANNAMALAI CRIME NO. 179 OF 2024 RESPONDENT(S) For Petitioner(s):
M GOVINDARAJU For Respondent(s): S.SANTHOSH PUBLIC PROSECUTOR
O R D E R
Apprehending arrest in connection with Crime No.179 of 2024 registered for the offences punishable under Sections 305(a) and 331(4) of BNS, the present petition has been filed seeking anticipatory bail. Page No.1 of 5
2. Pleading innocence on the part of the petitioner, false implication in the case based on the confession of Accused-1. He would submit that Accused-1 has been arrested and stolen amount has been recovered from him. Learned counsel for the petitioner seeks indulgence and also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the petitioner had robbed the household articles worth about Rs.11,500/- from the house of defacto complainant. Hence, opposed to enlarge the petitioner on anticipatory bail.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly the petitioner is ordered to be released on bail in the event of arrest or on Page No.2 of 5
his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-I, Tiruvannamalai, 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 petitioner shall report before the respondent Police daily at 10.30 a.m for a period of two weeks and thereafter on every Saturday at 10.30 a.m 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 vs. State of Page No.3 of 5
Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
13.12.2024 Shl A.D.JAGADISH CHANDIRA , J.
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