Jeyaprakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2023 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN 1.Jeyaprakash 2.Katturaja ... Petitioners/Accused Nos.1 & 2 Vs State represented by The Inspector of Police, Kallikudi Police Station, Madurai District (Crime No.130 of 2021).

... Respondent/ Complainant For Petitioners :

Mr.K.K.Maheshraja, Advocate.

For Respondent :

Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 130 of 2021 on the file of the respondent police ORDER : The Court made the following order : Heard the learned counsel on either side.

2. The petitioners earlier moved this Court for relief of Anticipatory Bail and it 1/4

was also granted vide order dated 10.06.2021 in Crl.O.P(MD)No.7590 of 2021. It appears that the petitioners had failed to surrender and execute sureties.

3. The learned counsel appearing for the petitioners submitted that on account of COVID situation, the petitioners could not surrender.

4. Taking into account the special facts and circumstances of this case, I am inclined to grant Anticipatory Bail to the petitioners on certain conditions.

5. 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 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, Thirumangalam, Madurai District, and execute fresh personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] each with two 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 bond 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 2/4

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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 11/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MGA TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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3 THE INSPECTOR OF POLICE KALLIKUDI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to MR.K.K.MAHESH BABU, Advocate SR.No.38280[F]

ORDER

IN CRL OP(MD) No.14647 of 2023 Date :11/08/2023 RS/VRS/SAR-(17.08.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4