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Madras High CourtCRL OP/7385/2023allowed

C. Ananda Kumar v. The Asst. Commissioner Of Police

2024-01-12Honourable Mr Justice C.V. Karthikeyan4 pages

Crl.O.P.Nos.7385 & 25576 of 2023 C.V.KARTHIKEYAN,J.

The petitioners who apprehend arrest at the hands of the second respondent Police for the offences registered under Sections 465, 467, 468, 471, 34 and 120(b) of IPC in Crime No.44 of 2023, seek anticipatory bail. 2.The Interim bail had been granted to these petitioners by my learned Predecessor with directions to cancel certain documents. The petitioners in Crl.O.P.No.25576 of 2023 have canceled five of the documents. The petitioners in Crl.O.P.No7385 of 2023 have not canceled any of the documents. But however, investigation has been completed and charge sheet has also been filed before the Special Court for CCB and CBCID cases, Egmore, Chennai.

3.In view of that particular fact, it is now the burden of the prosecution to establish the allegations beyond all reasonable doubts. Let the trial commence. The interim protection from any coercive action already granted by this Court dated 12.01.2024 is made absolute and the petitioners are granted anticipatory bail on the following condition: 1/4

4.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 Metropolitan Magistrate for Land Grabbing cases Court No.II, Allikulam, Chennai on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and 2/4

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.

12.01.2024 vkr (2/2) 3/4

C.V.KARTHIKEYAN,J.

vkr Crl.O.P.Nos.7385 & 25576 of 12.01.2024 (2/2) 4/4