S.Baskaran v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2024

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CRL OP. 4484 of 2024 AND CRL MP. 3892 OF 2024

1. S.BASKARAN

2. B.ASHWIN KUMAR PETITIONER(S) Vs THE STATE REP. BY INSPECTOR OF POLICE M3, POLICE STATION, CHENNAI. CR.NO.73/2024 RESPONDENT(S) For Petitioner(s):

Mr. SURIYAMUTHU N For Respondent(s):

Mr.V.MEGANATHAN, GOVT. ADVOCATE (CRL. SIDE)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences under Sec.294(b), 323, 506(i) of I.P.C. r/w 4 of TNPWH Act in Crime No.73 of 2024 on the file of respondent police, seek anticipatory bail.

2. Today, when the matter taken up for hearing, both learned

counsel for petitioner and the learned Government Advocate (Crl.Side) appeared. Furthermore, the 2nd petitioner and the defacto complainant appeared in person and they have produced the original rental agreement to prove that they are living together. If any deviation made on the side of 2nd petitioner or violating the terms of compromise, the defacto complainant is entitled to approach the court as per manner known to law. 3.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 District Munsif cum Judicial Magistrate at Madhavaram, Chennai, 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 shall not tamper with evidence or witness either during investigation or trial.

[b] the petitioners shall not abscond either during investigation or

trial.

[c] 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 absconds, a fresh FIR can be registered under Section 229A IPC.

12.12.2024 rpp To

1. DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, MADHAVARAM, CHENNAI.

2. THE INSPECTOR OF POLICE, M3 POLICE STATION, CHENNAI.

3. THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS T.V.THAMILSELVI, J.

rpp 12.12.2024