Allowed

Dhanavel v. State Rep by Its Inspector of Police

Madras HC29 Oct 2021CRL OP/20291/2021

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to the petitioner accused of attempted robbery (Section 399 IPC) pending investigation. The petitioner surrendered to the Magistrate within the stipulated fifteen days.

What did the court decide?

Anticipatory bail granted with conditions: surrender to Magistrate within 15 days, bond of Rs.10,000 and two sureties, daily police reporting, no tampering or absconding.

Dhanavel Vs State Rep by Its Inspector of Police — Anticipatory Bail | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

( Criminal Jurisdiction )

¶3

Friday, the Twenty Ninth day of October Two Thousand Twenty One

¶4

PRESENT

¶5

The Hon`ble Mr Justice M.DHANDAPANI

¶6

CRIMINAL ORIGINAL PETITION No.20291 of 2021

¶7

DHANAVEL [ PETITIONER / ACCUSED ]

¶8

¶9

STATE REP BY ITS THE INSPECTOR OF POLICE, NEYVELI TOWNSHIP POLICE STATION, CUDDALORE. CRIME NO.870 OF 2021.

¶10

[ RESPONDENT ]

¶11

For Petitioner : M/S.K.KANNAN Advocate

¶12

For Respondent : M/S.C.E.PRATAP, Govt. Advocate (Crl.Side)

¶13

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

¶14

ORDER : The Court Made the following order :-

¶15

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 399 of I.P.C in Cr.No.870 of 2021, seek anticipatory bail.

¶16

The case of the prosecution is that on information, the respondent police went to the spot wherein the petitioner and the other accused persons were planning to commit robbery and on seeing the respondent police they tried to escape from the place but two of them who were caught hold by the police revealed that they were planning to commit robbery. Hence the law enforcing agency registered a case against the petitioner.

¶17

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence he prays for grant of anticipatory bail.

¶18

4.The learned Government Advocate (Crl.Side) submitted that the investigation is pending in this case and there is no previous case against the petitioners.

¶19

https://hcservices.ecourts.gov.in/hcservices/

¶20

Considering the facts and circumstances of the case that there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

¶21

6.Accordingly, the petitioner is granted anticipatory bail and

¶22

he 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 Judicial Magistrate, Neyveli, 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 learned Magistrate concerned and on further condition that:

¶23

(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

¶24

(b)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;

¶25

(c)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

¶26

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

¶27

(e)the petitioner shall not abscond either during investigation or trial;

¶28

(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 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]; and;

¶29

(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

¶30

This order, on being produced, be punctually observed and carried into execution by all concerned

¶31

TRUE COPY

¶32

Sub-Assistant Registrar (Statistics/C.S.)

¶33

High Court, Madras - 600 104.

¶34

https://hcservices.ecourts.gov.in/hcservices/