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Madras High CourtCRL OP/10385/2022granted

D.Mani v. State Rep By

2022-06-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

G.K.ILANTHIRAIYAN, J.

At the instance of the learned counsel for the petitioners, today this matter has been posted under the caption "for being mentioned".

2. Heard, the learned counsel for the petitioners.

3. In view of the submission of the learned counsel for the petitioners, it is ordered that the sixth paragraph of the order passed in Crl.OP.No.10385 of 2022 dated 07.06.2022 shall read as follows:

"6. Accordingly, the petitioners are directed to jointly deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the credit of crime No.22 of 2021, within a period of six weeks from the date on which the order copy made ready and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate-IV, Vellore on condition that each of the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of 1/4

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 petitioner 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. [b] the petitioners shall jointly deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the credit of crime No.22 of 2021 on the file of the respondent police, within a period of six weeks from the date on which the order copy made ready, before the Magistrate concerned. [c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial.

[d] the petitioners shall report before the respondent police as and when required for interrogation.

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

[f] the petitioners shall not abscond either during investigation or trial.

[g] 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].

[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC."

4. Accordingly, the Registry is directed to issue a fresh order copy in Crl.OP.No.10385 of 2022 dated 07.06.2022 after making necessary corrections. 24.06.2022 lok Note: Issue order copy on 27.06.2022 3/4

G.K.ILANTHIRAIYAN, J.

lok 24.06.2022 4/4