Leo @ Leo Stalin v. The State Rep.By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO.417 of 2025 1.Leo @ Leo Stalin 2.Malathi ... petitioners Vs The State Rep by The Inspector of Police, Land Fraud Investigation Wing-II, CCB-I, Chennai.
(Crime No.241 of 2024)
...Respondent
For petitioners : Mr.K.Pragadeesh Kumar For Respondent : Mr.S.Santhosh, Government Advocate (Criminal Side)
ORDER
Apprehending arrest in connection with Crime No.241 of 2024 registered for the offence punishable under Sections 221, 222, 353(1)(b) and 353(2) of BNS, 2023, the present petition has been filed seeking anticipatory bail.
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2.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this court. He submits that the petitioners, who are arrayed as A3 and A4 in the First Information Report, are employees of A2 and young journalists with an ambition to render service to the society by conveying valuable information. He also submits that except having anchored the interview of A2, who is the owner of A1-Media House, no specific allegation is levelled against the petitioners. He further submits that the petitioners are 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 (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that though the petitioners/A3 and A4 claimed to be the employees of A2, owner of A1Media House, they had asked provocative questions and specific overt act as against A3 and A4 is that they had induced A2 in order to have a reply with false information about the investigation in Crime No.182 of 2024 and thereupon, A2 was arrested and is still in custody. He would further submit that one previous case is pending against the first petitioner and no previous case pending against the second petitioner. 2/5
4.Having heard the learned counsel for the petitioners and 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 petitioners with certain conditions and accordingly, they are ordered to be released on bail in the event of arrest or on their appearance.
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.XI, Saidapet, Chennai, on condition that the petitioners shall execute a bond each 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 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 3/5
Bank pass Book to ensure their identity;
[b]the petitioners shall report before the respondent police everyday at 10.30a.m., until further orders;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 269 of BNS.
09.01.2025 raa To 1.The Judicial Magistrate No.XI, Saidapet, Chennai, 2.The Inspector of Police, Land Fraud Investigation Wing-II, CCB-I, Chennai. 3.The Public Prosecutor, High Court, Madras.
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A.D.JAGADISH CHANDIRA, J.
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