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Madras High CourtCRL OP/1156/2025granted

Pandidurai v. State Rep By The Inspector Of Police

2025-01-21Honourable Mr Justice A.D.Jagadish Chandira4 pages

Crl.O.P.No.1156 of 2025 A.D.JAGADISH CHANDIRA, J.

Today, the matter is listed under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner has brought to the notice of this Court that some typographical error has crept in, in Paragraph Nos.3 and 4 of the order dated 21.01.2025 in Crl.O.P.No.1156 of 2025.

3. Accepting the submissions of the learned counsel for the petitioner, Paragraph Nos.3 and 4 of the order dated 21.01.2025 in Crl.O.P.No.1156 of 2025 shall read as follows : "3. The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner is said to have committed rape and murder of one Saratha and also taken away the jewels worn by her. He further submits that there are no previous cases against the petitioner. He also submits that investigation in this matter has been completed and final report has also been filed before the Court

concerned and later committed to the Court of Principal District Judge, Tiruppur and has now been made over to the learned Mahila Court, Tiruppur.

4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction to the learned Mahila Court, Tiruppur and on further conditions that :

[a] 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 report before the learned Mahila Judge, Tiruppur on all the working days at 10.30 a.m., for a period of three weeks, and thereafter, on the dates fixed by the Judge, concerned ;

[c] the petitioner shall not abscond either during

investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 269 of B.N.S."

4. Registry is directed to carry out the necessary correction in the order dated 21.01.2025 in Crl.O.P.No.1156 of 2025 and issue a fresh order copy.

22.01.2025 Lpp Note : Issue order copy today i.e., on 22.01.2025 A.D.JAGADISH CHANDIRA, J.

Lpp Crl.O.P.No.1156 of 2025 22.01.2024