Allowed

Aakash v. State Rep by

Madras HC9 Dec 2021CRL OP/23822/2021

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to petitioners Aakash and Balaji, facing arrest under Section 379 IPC. Bail was subject to executing a bond, depositing a sum with the Advocate Association, reporting to police, and not tampering with evidence or absconding.

What did the court decide?

Release on bail in event of arrest, subject to bond execution, monetary deposit, reporting requirements, and prohibitions.

Aakash Vs State Rep by — Anticipatory Bail | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.12.2021

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CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

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CRL.O.P.No.23822 of 2021

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1.Aakash ... Petitioners 2.Balaji

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Versus

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State represented by ... Respondent The Inspector of Police, Rathnagiri Police Station, Ranipet District. (Crime No.243 of 2021)

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Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in Crime No.243 of 2021 on the file of the respondent.

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For Petitioners: Mr.G.P.Sivakumar

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For Respondent : Mr.N.S.Suganthan, Government Advocate (Crl. Side)

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ORDER

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The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 379 of IPC in Crime No.243 of 2021, seeks anticipatory bail.

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The case of the prosecution is that the defacto complainant lodged a complaint and the defacto complainant two wheeler vehicle was break opened and taken away the occurrence place. Hence the complaint.

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

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The learned Government Advocate (Crl. Side) appearing for the respondent submitted that 3 previous case pending against the petitioners. However, he vehemently opposed to grant anticipatory bail to the petitioners.

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

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Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned District Munsif cum Judicial Magistrate, Arcot, on condition that the petitioners 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioners are directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Registered Advocate Clerk Association, Vellore District within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

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[b] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[c] the petitioners are directed to report before the respondent police on every Tuesday and Sunday at 10.30 a.m., until further orders;

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[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[e] the petitioners shall not abscond either during investigation or trial.

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[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory 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].

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

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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-sd/-

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09/12/2021

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

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO

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1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ARCOT, VELLORE.

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2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION]

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3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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4 THE INSPECTOR OF POLICE, RATHNAGIRI POLICE STATION, RANIPET DISTRICT.

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5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, VELLORE DISTRICT.

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+1 CC to M/S.G.P.SIVAKUMAR Advocate on payment of necessary charges SR.NO.14386

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CRL OP.23822/2021 Date :09/12/2021

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TA-14/12/2021

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

Aakash v. State Rep by

Case brief

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Aakash v. State Rep by

Case brief

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