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Madras High CourtCRL OP/26207/2024granted

N.H.M.Pandian v. State Rep By

2024-10-25Honourable Mr.Justice P. Dhanabal4 pages

P.DHANABAL, J.

This Criminal Original Petition is listed today under the caption "for being mentioned" pointing out the inadvertent typographical error in paragraph Nos.7 and 8 of the order dated 25.10.2024 in Crl.O.P.No.26207 of 2024.

2. Mr.S.Vinoth Kumar, learned Government Advocate (Criminal Side) appearing for the respondent police does not oppose the correction of the inadvertent typographical error to be made in the order dated 25.10.2024 in Crl.O.P.No.26207 of 2024.

3. Considering the inadvertent typographical error that crept in the order dated 25.10.2024 in Crl.O.P.No.26207 of 2024, Paragraph Nos.7 and 8 are substituted with the following order. "7. Considering the nature of offence, there was a land dispute between the petitioners and the defacto complainant, injured was discharged from the hospital, and though the petitioners have some previous case, in all 1/4

case, they have been released on bail, considering the period of incarceration undergone by the petitioners from 07.10.2024, and also considering other factors, I am inclined to grant bail to the petitioners, subject to certain conditions.

8. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, for a like sum to the satisfaction of the Judicial Magistrate No.II, Gobichettipalayam and on further conditions that:- [a] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.

[b] the petitioners shall not commit any offences of similar to the offence of which they are accused, or suspected, or of the commission of which is suspected. [c] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[d] the petitioners shall not abscond either during 2/4

investigation or trial;

[e] on breach of any of the aforesaid conditions, the learned Judicial Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and 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}; and [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S."

4. Registry is directed to carry out the necessary modification in the order dated 25.10.2024 in Crl.O.P.No.26207 of 2024 and issue a fresh order copy.

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P.DHANABAL ,J.

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