Shanmugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2021 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Shanmugam

2. Manickamani ... Petitioners/Accused Rank Not Known in Crl.O.P.(MD)No.7384 of 2021

1. Ambareesan @ Ambrishan,

2. Aravind ... Petitioners/Accused No.1 and 2 in Crl.O.P.(MD)No.7386 of 2021 Vs State Rep.by The Inspector of Police, Palani Town, Dindigul District.

(Crime No.524 of 2021). ...Respondent/Complainant in both Crl.O.Ps (In both Crl.O.P) For Petitioners: Mr.Nagarajan.V., Advocate.

For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Crime No.524 of 2021 on the file of the respondent police.

COMMON ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323 and 506(ii) of I.P.C. and Section 3 of Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2008, in Crime No.524 of 2021 on the file of the respondent police, seek anticipatory bail.

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3.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

4.Accordingly, the petitioners are ordered to be released on bail in the event of arrest by the respondent police on executing personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] each with two common sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioners shall appear before the learned Judicial Magistrate, Palani, and execute fresh personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] each with two common sureties each for a likesum to the satisfaction of the concerned Judicial Magistrate, within a period of one month, from the date of resumption of regular work in subordinate Courts in view of the present pandemic situation and on further conditions that:

[a]the sureties shall affix their photographs and Left Thumb Impression in the surety bonds and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity; [b]the petitioners shall report before the respondent police as and when required for interrogation;

[c]the petitioners shall not abscond either during investigation or trial;

[d]the petitioners shall not tamper with evidence or witness 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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 11/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, PALANI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. THE INSPECTOR OF POLICE, PALANI TOWN, DINDIGUL DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +2. CC to M/S.V.NAGARAJAN, Advocate SR.Nos.3945 AND 3946 ORDER IN Date :11/06/2021 IAS MS/PN/SAR-2/18.06.2021/3P.7C 3/3