The Court modified bail reporting conditions for a petitioner to once monthly reporting, dismissed a State petition to cancel the bail, and rejected arguments that the petitioner's press statements interfered with the investigation.
Bail condition modified to appear once monthly on the first Saturday at 10:30 AM; bail cancellation petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.MP.Nos.10700 & 10701/2023 in Crl.OP No.13102/2023
Crl. M.P. Nos. 10700 & 10701 of 2023 in
Crl.O.P. No. 13102 of 2023
A.D. JAGADISH CHANDIRA, J.,
Crl.M.P.No.10700 of 2023 has been filed to relax the condition
imposed by this Court vide order dated 13.06.2023 made in Crl.O.P.No.13102 of 2023.
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Crl.MP.Nos.10700 & 10701/2023 in Crl.OP No.13102/2023
Station House Officer seeking to cancel the bail. In the petition for cancellation of bail, it is submitted by the respondent police that the petitioner herein, in his bail petition in Crl. O.P. No. 13102 of 2023, in paragraph No.5, had stated that he is only a Power Agent and he has acted as per the instructions of the 2/7
Crl.MP.Nos.10700 & 10701/2023 in Crl.OP No.13102/2023
principal, by name Perianagasamy @ Arulraj, but on the contrary, on 02.07.2023, he had convened a press meet at Puducherry and openly declared by saying that he had purchased the land in question after thoroughly verifying the title deeds and the connected documents pertaining to the said land and dared to challenge the investigation process by alluring that if anyone disproves his statement he will reward such person with 3 Crores of rupees apart from handing over the said land to Sri Kamatichiamman Temple and the entire speech went viral in “You Tube” and recorded by the Public. It is the further contention of the respondent police that, by giving such an interview, the accused had interfered with the investigation and had attempted to tamper the evidence and influence the minds of the witnesses. It is also stated that the accused had made allegations against the Government Officials, who have played pivotal role in unearthing the misdeeds of the petitioner and it would definitely tarnish the image, faith and confidence of good governance. Alleging that the petitioner had intentionally misused his liberty of enlargement of bail granted by this Court by a provocative speech, respondent police sought for cancellation of bail.
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Crl.MP.Nos.10700 & 10701/2023 in Crl.OP No.13102/2023
the business of real estate and doing business of buying and selling the property. In the course of business, he was approached by one Perianagasamy @ Arulraj stating that he is the owner of the disputed property and Power of Attorney has been executed by the said Perianagasmay @ Arulraj in his favour with an intention to sell the property to prospective buyer. Meanwhile, based on the case registered in Crime No.23 of 2022, he was arrested and later he was enlarged on bail with a condition to stay at Yanam and report before the Inspector of Police, Yanam Police Station daily at 10.30 a.m., for period of two weeks and thereafter, appear before the respondent police everyday at 10.30 a.m., until further orders. The petitioner after complying with the condition before the Inspector of Police, Yanam Police Station, returned back to Puducherry and he is appearing before the respondent police regularly, without any default. When the petitioner was interviewed by the local media, he had stated that he is innocent and he has not stated anything against the respondent police or threatened any of the witnesses as alleged by the prosecution. The petitioner has also filed an affidavit before this Court undertaking that he will not give any press meet or interview to the media hereafter and he will not commit any act prejudicial to the interest of the respondent police. He would further submit that the petitioner is complying with the condition from 4/7
Crl.MP.Nos.10700 & 10701/2023 in Crl.OP No.13102/2023
19.06.2023 and thereby he would seek for relaxation of condition.
Crl.MP.Nos.10700 & 10701/2023 in Crl.OP No.13102/2023
affidavit of undertaking given by A5 is also taken on record. This Court finds
that there is no ground for cancelling the bail granted to Manikandan(A5) and
inclined to dismiss the petition filed by the State for cancellation of bail.
with the condition from 19.06.2023, without fail, this Court is inclined to modify the condition imposed on the petitioner/A5 in Crl.O.P.No.13102 of 2023.
Crl.M.P.No.10701 of 2023 is dismissed.
15.11.2023
Index : Yes / No Speaking / Non-speaking Neutral Citation : Yes / No mrp
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Crl.MP.Nos.10700 & 10701/2023 in Crl.OP No.13102/2023
A.D.JAGADISH CHANDIRA, J.
mrp
Crl.M.P.Nos.10700, 10701 of 2023 in Crl.O.P.No.13102 of 2023
15.11.2023
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3 issues framed by the court
Whether bail conditions can be relaxed for a petitioner complying with reporting requirements without fault.
Whether a petitioner’s open declaration of innocence and willingness to pay a donation warrant cancellation of bail.
Whether the State can meet its burden of proving prima facie elements before granting bail in anticipatory bail cases.
A5
State
AD. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
