Mari v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA 1.Mari 2.Vaideki 3.Pooja Sri 4.Dasaradan 5.Udaya Kumar 6.Elumalai 7.Baba

...Petitioners

Vs The State Rep by The Inspector of Police, Pernampet Police Station Vellore District Crime No. 510 of 2024.

...Respondent

Prayer: Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioners on bail in the event of their arrest in connection with the Crime No. 510 of 2024 pending investigation on the file of the respondent.

For Petitioners : Mr.S.Thirugnanam For Respondent : `Mr.S.Santhosh, Govt. Advocate [Criminal Side]. Page No.1 of 6

ORDER

Apprehending arrest in connection with Crime No. 510 of 2024 registered for the offences punishable under Sections 189(2), 126(2), 296(b), 263(a), 224, 132, 49 of BNS, 2023 read with Section 7(a), 10 of Tamil Nadu Prohibition Act, the present petition has been filed seeking anticipatory bail.

2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioners are innocent and they have been falsely implicated in this case. He further submits that there is no previous case pending against the petitioner. He would submit that the petitioners are ready to abide by any stringent condition that may be imposed by this court.

3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that on 23.11.2024, the respondent police Page No.2 of 6

proceeded to arrest one Arul, an accused in Crime No. 508 of 2024. However, the petitioners herein allegedly obstructed the Police party allowing the accused person to escape from the scene of occurrence. Consequently, the respondent police registered a case FIR in Crime No. 510 of 2024 against the petitioners. He would further submit that there is no previous case pending against the petitioners.

4. Having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, they are 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, Gudiyatham, Vellore District, on condition that the petitioners 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 said Magistrate, on further Page No.3 of 6

condition that:

[a] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioners 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;

[c] the petitioners shall report before the respondent Police everyday at 10.30 am for a period of two weeks and thereafter every Saturday at 10.30 a.m until further orders; [d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall not abscond either during investigation or trial;

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

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

09.01.2025 MSM Page No.5 of 6

A.D.JAGADISH CHANDIRA , J.

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