IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Thursday, the Nineteenth day of May Two Thousand Twenty Two

PRESENT

The Hon`ble Mr Justice G.K. ILANTHIRAIYAN

CRIMINAL ORIGINAL PETITION No.12157 of 2022

HASSAN [ PETITIONER / ACCUSED ]

Vs

THE STATE REP BY [ RESPONDENT ]

THE INSPECTOR OF POLICE,

HASTHAMPATTI POLICE STATION,

SALEM.

CRIME NO.74 OF 2021.

For Petitioner : M/S.T.SHUNMUGARAJESWARAN Advocate

For Respondent : MR.A.DAMODARAN, Additional public Prosecutor

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

ORDER : The Court Made the following order :-

The petitioner who apprehends arrest at the hands of the

respondent police for the offences punishable under Section 379 of

IPC in Crime No.74 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 29.01.2021, the

petitioner along with other accussed had committed theft of one Air

Conditioner Compressor from the defacto complainant's house. Hence,

the complaint.

3. The learned counsel for the petitioner would submit that the

petitioners is an innocent person and he has not committed any

offence as alleged by the prosecution. Therefore, he prays to grant

anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that

the petitioner had committed theft of one Air Conditioner Compressor

from the defacto complainant's house. However, he vehemently opposed

to grant anticipatory bail to the petitioner.

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5. Considering the above fact and circumstances of the case,

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 No.III, Salem., on condition that

the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees

Ten Thousand only) with one blood relative surety 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 their Aadhar card or Bank pass Book

to ensure their identity.

[b] the petitioner shall stay at Chengalpattu and report before

the The Inspector of Police, Chengalpattu Town Police Station, daily

at 10.30 a.m., for a period of two weeks and thereafter shall report

before the respondent police daily at 10.30 a.m., for a period of two

weeks and thereafter as and when required for interrogation.

[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].

[f] If the accused thereafter absconds, a fresh FIR can be

registered under Section 229A IPC.

-sd/-

19/05/2022

This order, on being produced, be punctually observed and carried

into execution by all concerned

TRUE COPY

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