Padmanaban@Padmanathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.11.2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI 1.Padmanaban @ Padmanathan 2.Senthil @ Senthan 3.Selva Vinayagam 4.Mohanraj @ Senthan ... Petitioners/Accused No.1 to 4 Vs.
The state represented by The Inspector of Police, Manachanallur Police Station, Trichy District.
Crime no.501 OF 2021 ... Respondent/Complainant For Petitioners : Mr.M.Suresh, Advocate For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.501 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 394(b), 323 and 506(i) of IPC in Crime No.501 of 2021 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.
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Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent police.
3. The petitioners were granted anticipatory bail in Crl.OP(MD) No.15791 of 2021 on 12.10.2021. Since, the petitioners name were wrongly mentioned in the above said petition, this second anticipatory bail petition is filed by the petitioners.
4. Considering the fact that the petitioners were already granted anticipatory bail on 12.10.2021, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 1/3
5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Trichy and on them executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 Aadhaar cards 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 thirty days 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;
(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/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 09/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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 NO.III TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI.
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3 THE INSPECTOR OF POLICE MANACHANALLUR POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17224 of 2021 Date :09/11/2021 SS/PN/SAR-III/12.11.2021 : 3P/5C 3/3