Chandrababu v. The Inspector Of Pollice

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

1. Chandrababu

2. Ramesh ... Petitioners/Accused No.1 & 2 Vs 1.The Inspector of Pollice, City Crime Branch, Trichy City.

(Crime No.17 of 2023.) ... Respondent/Complainant 2.R.Rajbhaskar ... Petitioner / Intervener in CRL MP(MD) No.8006 of 2024 For Petitioners : Mr.M.Sridharan, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : Mr.R.Arun Sannasi, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 482 of BNSS. PRAYER :- For Anticipatory Bail in crime No.17 of 2023 on the file of the respondent police 1/5

ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 379, 405 and 420 of BNS, in Crime No.17 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners created a false partnership agreement in respect of the defacto complainant Hospital lies in A/c NO.77777 05290161 of ICICI Bank, Trichy, Parakarai. Hence, the case. 3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations arising out of a partnership firm that one partner is alleging that she has been forcibly sent out of the firm, considering the fact that the case is referred under Section 156(3) of BNSS and also considering the fact that the dispute between the parties is have happened over a period of time and an arbitration also happening in the meanwhile, I am of the view that it is a fit case for grant of anticipatory bail with certain conditions. 5.Accordingly, the petitioners 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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Trichy, on 2/5

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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 a.m., for a period of four weeks and thereafter, as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court.

[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. [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 3/5

Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A BNS.

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.

SJI To 1.The Judicial Magistrate No.I, Trichy.

2.Do through the Chief Judicial Magistrate, Trichy District.

3.The Inspector of Police, City Crime Branch, Trichy City.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.SRIDHARAN, Advocate ( SR-9697[I] dated 08/08/2024 )

ORDER

IN CRL OP(MD) No.11834 of 2024 Date :08/08/2024 4/5

ED/ GS /SAR- (23/08/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5