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Madras High CourtCRL OP(MD)/7421/2024allowed

R. Abdulla, v. The Inspector Of Police

2024-08-08Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. R. Abdulla

2. S Jaheer Hussain, ... Petitioners/Accused Nos.7&8 Vs The Inspector of Police, C.C.B Police Station, Madurai City.

(In Crime No.20/2024).

... Respondent/Complainant For Petitioner : Mr.C.M.Arumugam, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervener : Mr.T.Palanisamy, Advocate.

PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.20/2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A7 & A8, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 419, 420, 465, 467, 468, 471, 474 and 120(B) of IPC, in Cr.No.20 of 2024, seek anticipatory bail. 2.Heard both sides.

3.This case arises out of Crime No.20 of 2024. The said crime number is part of the racket which is said to have going on in respect of the plots at Meenakshi Amman Nagar, Siruthur Village, Madurai North Taluk, Madurai. The overall offense is serious and the matter is now under the stage of investigation. 4.In this background, this Court proceeds to consider the case of the petitioners. Considering the petitioners are brought by purchasers and are arrayed as accused Nos.7 & 8 and also considering the fact that there are no previous antecedent against them, I am inclined to enlarge the petitioners on anticipatory bail with certain conditions.

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5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.I, Madurai District, 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 learned Magistrate concerned and on further conditions that:

(a)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; (b)the petitioners shall report before the respondent police daily at 10.30 am for a period of four weeks and thereafter, as and when required for interrogation; (c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond either during investigation or trial; 3/5

(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 229-A IPC.

sd/- 08/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE NO.I MADURAI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE C.C.B POLICE STATION, MADURAI CITY.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+ 1 CC TO Mr.C.M.Arumugam, ADVOCATE IN SR No.42446(F) dated 09/08/2024

ORDER

IN CRL OP(MD) No.7421 of 2024 Date :08/08/2024 SS/VR/SAR- /20/08/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5