Varun Kumar v. State Rep. By Its The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP No. 32022 of 2024 Varun Kumar C/o.Ravi Kumar, No.1055, Leelavathy Nagar, 4th Street, Gerugambakkam, Kanchipuram District - 600 128.

Petitioner Vs State Rep. By its, The Inspector of Police, T-14, Mangadu Police Station, Kancheepuram District.

(Crime No.354/2024) Respondent For Petitioner:

Mr.Mahendran M For Respondent:

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

Apprehending arrest in connection with Crime No.354 of 2024 registered for the offences punishable under Sections 147, 448, 427, 380 and 506(2) of IPC, the present petition has been filed seeking anticipatory bail.

2. The case of the prosecution as per defacto complainant is that, the petitioner along with other accused trespassed, using JCB had demolished the house, damaged the house articles and committed theft of cash amount of Rs.2 lakhs and 6 sovereigns of gold. Hence the case.

3. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

4. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, is that, using JCB, the petitioner along with other accused trespassed and also demolished the house owned by the defacto complainant.

5. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal 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.

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 on which the order copy made ready, before the learned Judicial Magistrate Court, Sriperumbudur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police everyday 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

A.D.JAGADISH CHANDIRA , J.

dsn 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 Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

02.01.2025 dsn 02.01.2025