Kader Mydeen M.S.@ Mohaed Salih Khader Mydeen v. State Represented By

in Crl.O.P.No.12642 of 2024 T.V.THAMILSELVI, J This petition has been filed to modify the condition (d) the petitioner shall surrender his passport before the Trial Court with undertaking affidavit." imposed upon the petitioner while granting anticipatory bail to the petitioner in Crl.O.P.No.12642 of 2024 vide an order dated 04.07.2024.

2. Learned senior counsel for the petitioner would submit that the petitioner is running business all over the World. Therefore, he is not in a position to surrender his passport before the Trial court with an undertaking affidavit. He further submitted that time may be extended for a period of two weeks to deposit the conditional amount of Rs.10,00,000/- to the credit of Crime No.38 of 2024 and also the petitioner is ready to abide by any stringent condition as imposed by this Court. Hence, he prays to modify the condition "d" of the order dated 04.07.2024 in Crl.O.P.No.12642 of 2024 and also prays that this Court may permit the petitioner to Report before the respondent Police once in a week for a period of one(1) month.

3. Considering the above submission of the learned senior counsel for the petitioner that the petitioner is ready to comply with any stringent condition to be imposed by this Court, this Court is inclined to modify the paragraph No.8 of the order dated 04.07.2024 in Crl.O.P.No.12642 of 2024, 1/4

in its entirety as follows:

"8. Accordingly, the petitioner/A2 is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No. I, Poonamallee, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties [Out of two sureties, one should blood surety] 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 and the sureties shall affix his photograph and left thumb impression in the surety bond and the Court concerned may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;

[b] this Court directs the petitioner to pay a sum of Rs.10,00,000/- [Rupees Ten Lakhs Only] to the credit of Crime No. 38 of 2024 within a period of 2/4

two weeks from the date of receipt of a copy of this order.

[c] the petitioner shall report before the respondent police on every Saturday at 10.30 am for a period of four(4) months and thereafter, as and when required.

[d] the petitioner is directed to co-operate for investigation.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial; [f] the petitioner 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 has been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

[h] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

Registry is directed to modify the above said paragraph No.8 in Crl.O.P.No.12642 of 2024 dated 04.07.2024 and issue fresh order copy to the concerned parties.

29.08.2024 msv 3/4

T.V.THAMILSELVI, J.

msv in Crl.O.P.No.12642 of 2024 29.08.2024 4/4