M.R.Vijayabhaskar Former Mla v. State Through

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2024

CORAM:

THE HON'BLE DR. JUSTICE G.JAYACHANDRAN Crl.O.P(MD)No.4372 of 2024 1.M.R.Vijayabhaskar(Former MLA) 2.Sekar 3.S.Thiruvikka 4.Sivasamy 5.Shanthi .. Petitioners Vs.

The State through the Inspector of Police, Karur Town Police Station, Karur.

In Crime No.136 of 2024 .. Respondent PRAYER: This Criminal Original Petition has been filed under Section 438 of Cr.P.C., seeking to enlarge the petitioner on bail in the event of their arrest pending investigation in Crime No.136 of 2024 on the file of the respondent police.

For Petitioners : Mr.Iyyapparaj for Mr.Raghu.D For Respondent : Mr.K.M.D.Muhilan Government Advocate(Crl.Side) -----

O R D E R

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The 1st petitioner herein, who is a former MLA and the other petitioners herein, apprehending arrest in a case registered in Karur Town Police Station in Crime No.136 of 2024 for the offence punishable under Sections 147, 341, 353 and 506(i) of IPC are before this Court seeking anticipatory bail.

2. The learned Government Advocate (Crl.Side) appearing for the STate has a filed detailed counter stating that nearly 23 cases registered against the first petitioner. Though some of the cases were quashed by the High Court, most of the cases are still pending under investigation.

3. Considering the nature of the alleged offences and the status of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:- [a] Accordingly, the petitioners are directed to be released on bail in the event of arrest or their appearance, within a period of fifteen days, before the learned Judicial Magistrate No.1, Karur, on condition that each of the petitioners shall execute a bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two sureties each for a like sum to the satisfaction of the respondent police or to the satisfaction of the learned Magistrate concerned, as the case may be.

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[b] 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 Bank pass Book to ensure their identity. [c] the petitioners shall report before the respondent police as and when required for interrogation.

[d] the petitioners shall not tamper the evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial. [f] On failure to comply the condition or 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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4. With the above directions, this Criminal Original Petition is ordered. 24.04.2024 Index : Yes/No Internet : Yes/No ari To 1.The Judicial Magistrate Court No.I, Karur. 2.The Inspector of Police, Karur Town Police Station, Karur. 3.The Public Prosecutor, High Court of Madras. 4/5

Dr.G.Jayachandran.,J ari Crl.O.P.No.4372 of 2024 24.04.2024 5/5