Sarathkumar Vs The State Rep by - Court Judgment

SooperKanoon Citationsooperkanoon.com/1711687
CourtChennai High Court
Decided OnJan-20-2025
Case NumberCRL OP/530/2025
JudgeHonourable Mr Justice a.D.Jagadish Chandira
AppellantSarathkumar
RespondentThe State Rep by
Excerpt:
in the high court of judicature at madrasdated : 20.01.2025coramthe honourable mr. justice a.d.jagadish chandira sarathkumar .... petitioner vs the state rep. by the inspector of police, cr.no.351 of 2023 .... respondent prayer: criminal original petition is filed under section 482 of of bharatiya nagarik suraksha sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest in the hands of respondent in crime no. 351 of 2023 on the file of the respondent police. for petitioner : mr.saran raj for respondent : mr.santhosh government advocate (crl.side)orderapprehending arrest in connection with crime no.351 of 2023 registered for the offences punishable under section 399 of ipc, the present petition has been filed seeking anticipatory bail.2. pleading innocence on the part of the petitioner, falseimplication in the case, learned counsel for the petitioner seeks indulgence of this court. he further 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 learnedgovernment advocate (crl. side) appearing for the respondent police, opposing for grant of anticipatory bail, is that petitioner, along with other accused, is said to have been preparing to commit robbery. he further submitted that there are three previous cases against him.4. heard the learned counsel for the petitioner and the learned government advocate (crl.side) for the respondent and perused the materials available on record.5. considering the facts and circumstances of the case and alsoconsidering the submissions made by the learned counsel for the petitioner, this court is of the view that the petitioner may be granted bail. 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 fromthe date of receipt of a copy of this order, before the learned judicial magistrate court, cheyyar, tiruvannamalai district, 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 06.30 p.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 kerala [(2005)air scw 5560];a.d.jagadish chandira, j, [f] if the accused thereafter absconds, a fresh fir can be registered under section 269 of bns. 20.01.2025 index : yes/no internet : yes/no lpp to 1.the inspector of police, 2.the public prosecutor, high court, madras.
Judgment:

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.01.2025

CORAM

THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Sarathkumar .... Petitioner Vs The State rep. by The Inspector of Police, Cr.No.351 of 2023 .... Respondent Prayer: Criminal Original Petition is filed under Section 482 of of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest in the hands of respondent in Crime No. 351 of 2023 on the file of the respondent police. For Petitioner : Mr.Saran Raj For Respondent : Mr.Santhosh Government Advocate (Crl.Side)

ORDER

Apprehending arrest in connection with Crime No.351 of 2023 registered for the offences punishable under Section 399 of IPC, the present petition has been filed seeking anticipatory bail.

2. Pleading innocence on the part of the petitioner, false

implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further 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 petitioner, along with other accused, is said to have been preparing to commit robbery. He further submitted that there are three previous cases against him.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

5. Considering the facts and circumstances of the case and also

considering the submissions made by the learned counsel for the petitioner, this Court is of the view that the petitioner may be granted bail. 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 Judicial Magistrate Court, Cheyyar, Tiruvannamalai District, 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 06.30 p.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 Kerala [(2005)AIR SCW 5560];

A.D.JAGADISH CHANDIRA, J, [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 20.01.2025 Index : Yes/No Internet : Yes/No Lpp To 1.The Inspector of Police, 2.The Public Prosecutor, High Court, Madras.