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Madras High CourtCRL OP/30334/2022granted

C.Ganesh Pandian v. State Rep By

2022-12-09Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence under Sections 467, 468 of IPC in Cr.No.494 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner submitted the fabricated order copy of this Court with regard to Crl.O.P No. 25778 of 2022 dated 01.11.2022, while producing the surety before the XIII Metropolitan Magistrate, Egmore.

3. Heard Mr.Starlin Gnanadhas, the learned counsel for the petitioner and Mr.Arul Joseph Selvam, the learned Government Advocate (Crl.Side).

4. Considering the facts and circumstances of the case and also the investigation almost completed, this Court is inclined to grant anticipatory bail to the petitioner.

5.Accordingly, the petitioner is ordered to be released on anticipatory 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 XIV Metropolitan Magistrate, Egmore, 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 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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.

09.12.2022 pbl

T.V.THAMILSELVI, J.

pbl 09.12.2022