Mohammed Faisal v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11308 of 2022 MOHAMMED FAISAL [PETITIONER / ACCUSED ] Vs STATE REPRESENTED BY [RESPONDENT ] THE INSPECTOR OF POLICE, KINATHUKADAVU POLICE STATION, COIMBATORE DISTRICT.
CR.NO.27/2022.
For Petitioner : M/S K.BALASUBRAMANIAM Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner was granted anticipatory bail in Cr.O.P.No.2944 of 2022 on the condition that the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of Crime No.27 of 2022 within a period of 15 days from the date of receipt of a copy of the order dated 17.02.2022.
2. The learned Counsel for the petitioner submitted that the petitioner is not able to comply with the condition imposed by this Court on 17.02.2022. Therefore, he has filed a petition in Crl.M.P.No.5444 of 2022 for extension of time for complying with the condition imposed by this Court earlier and on 25.04.2022, this Court extended the time to 06.05.2022 for complying the conditions earlier imposed by this Court. However, the copy of the order was not received by the petitioner and as such, he could not comply with the conditions imposed by this Court earlier while he was granted anticipatory bail.
3. The learned counsel for the petitioner further submitted that now the petitioner is ready and willing to comply with the condition within a period of one week.
4. Considering the facts and circumstances of the case, this Court is inclined to extend the time earlier granted by this Court while granting anticipatory bail to the petitioner.
5. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-I, Pollachi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each 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 and on further conditions that:
(a) the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Laksh only) to the credit of Crime No.27 of 2022 within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-I, Pollachi. On such deposit being made, the learned Magistrate, shall obtain an affidavit of undertaking from the defacto complainant stating that in the event of the petitioner succeeding the case, the amount of Rs.2,00,000/- deposited by the petitioner to the credit of Crime No.27 of 2022 will be returned to the petitioner and after obtaining such affidavit of undertaking from the defacto complainant, shall disburse the said amount to the defacto complainant within a period of two weeks thereafter, failing which, the anticipatory bail petition shall stands dismissed.
(b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
(c) the petitioner shall report before the respondent police on every Tuesday at 10.30 a.m., until further orders. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioner shall not abscond either during investigation or trial;
(f) 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]; and (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 18/05/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO. I, POLLACHI, COIMBATORE DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE DISTRICT[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, KINATHUKADAVU POLICE STATION, COIMBATORE DISTRICT.
+1 CC to M/S K.BALASUBRAMANIAM Advocate on payment of necessary charges SR.No. 7175 CRL OP.11308/2022 Date :18/05/2022 SP(19/05/2022)