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Madras High CourtCRL OP/29137/2022granted

John Paul v. The State Rep By Its,

2023-02-13Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

Today this matter was listed under the caption 'for reporting compliance'.

2. Earlier, on 12.12.2022, this Court, granted interim anticipatory bail to the petitioner till 13.02.2023 and directed the petitioner to surrender his passport before the respondent Police within a period of two months from the date of receipt of a copy of that order.

3. When the matter was taken up today (13.02.2023), the learned counsel for the petitioner submitted that the petitioner has appeared before the respondent Police and surrendered his passport.

4. Learned Government Advocate (Crl.Side) also submitted that the petitioner has complied with the conditions imposed by this Court on 12.12.2023.

5. In view of the above submissions made by either side of the parties, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Metropolitan 1/4

Magistrate, Special Court for CCB/CBCID, Egmore, 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, 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 petitioner shall report before the respondent Police on every Saturday at 10.30 a.m., for a period of six weeks;

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

[e] 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 2/4

Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

7. After completion of the enquiry, the respondent Police may surrender the passport of the petitioner before the trial Court and the petitioner is permitted to file an application for return of property as per the manner known to law. On filing such application, the learned trial Judge is directed to dispose the same on merits.

13.02.2023 vkr 3/4

T.V.THAMILSELVI,J.

Vkr 13.02.2023 4/4