Elamparethi v. The State Rep By

CRL OP. 27309 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2024

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CRL OP. 27309 of 2024 ELAMPARETHI S/O. V.PONNUSAMY NO. 4/19, HARUR TALUK, NERUPPANDA KUPPAM, DHARMAPURI 636 903 PETITIONER(S) Vs THE STATE REP BY STATE REP. BY INSPECTOR OF POLICE, HARUR POLICE STATION, DHARMAPURI DISTRICT (CR.NO.12/2024) RESPONDENT(S) For Petitioner(s):

For Respondent(s):

PUBLIC PROSECUTOR

ORDER

This petition has been filed to enlarge the petitioner on bail in event of his arrest in crime No. 12 of 2024 pending on the file of the respondent police.

2. This Court has already granted interim anticipatory bail to the petitioner with the condition to deposit a sum of Rs.3,00,000/- in crime Number but the petitioner failed to comply with the said condition. Hence, this Court cancelled the bail granted to the petitioner. Now, the petitioner filed the present petition for anticipatory bail.

3. When the matter is taken up for hearing, the learned counsel for the petitioner submits that the petitioner has complied with the condition imposed by this Court in Crl.OP. NO. 1681 of 2024 to that effect he filed the copy of the E-Challan to the tune of Rs.3,00,000/-. Considering the facts of the case, this Court is inclined to grant bail to the petitioner. 4 .Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Harur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 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; (b)the petitioner shall report before the respondent police as and when required for interrogation;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 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 229-A IPC.

12-12-2024 pbl TO INSPECTOR OF POLICE, HARUR POLICE STATION, DHARMAPURI DISTRICT.