Sumesh M.N v. State Rep By

Crl.O.P.No.14401 of 2021 The matter is listed today under the caption "For Being Mentioned" at the instance of the learned counsel for the petitioner.

2. Earlier, this Court had granted anticipatory bail to the petitioner in Crl.O.P.No.14401 of 2021 dated 16.08.2021, in the order copy the satisfaction Court is mentioned as the learned 3rd Egmore Court, Chennai, but the correct one is The learned II Metropolitan Magistrate, Egmore, Chennai. Therefore the learned counsel for the petitioner made request to make necessary corrections in the said order and for reissue of the order copy.

3. All other conditions imposed on the petitioner shall remain intact except for the above said correction.

4.Registry is directed to carry out the necessary correction in the order dated 16.08.2021 and issue a fresh copy of the order to the learned counsel for the parties.

08.10.2021 msrm Note. Issue order copy on 20.10.2021.

msrm Crl.O.P.No.14401 of 2021 08.10.2021

Crl.O.P.No.14401 of 2021 The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Section 69(b), 24(1) r/w.353 of I.P.C. in Cr.No.293 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is alleged to have been found in possession of 20 pockets of Hans. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. The learned counsel, on instructions, further submitted that the petitioner is ready to deposit a sum of Rs.25,000/- to the Commissioner, Chennai Corporation for improvement of Government Schools under the Corporation.

4.The learned Government Advocate (Crl. Side) submitted that there is no previous case as against the petitioner.

5.Considering the fact that there is no previous case as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned 3rd Egmore Court, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 condition that:

(a)The petitioner shall make a non-refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the credit of the credit of the Commissioner, Chennai Corporation for the rehabilitation and improvement of the basic needs of the Government Schools in the said Corporation under necessary acknowledgment, without prejudice to his defence before the trial court and submit proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the receipt/ acknowledgment shall accept the sureties furnished by the petitioner;

(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 daily 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;

pri (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

16.08.2021 pri Crl.O.P.No.14401 of 2021 16.08.2021