Allowed

Palani v. State Rep.by

Madras HC4 May 2023CRL OP/7217/2023

Case brief

AI extract

What is this about?

This court granted anticipatory bail in a second petition filed by the same petitioners who previously obtained bail but could not surrender due to the pandemic. The petitioners were ordered to surrender bonds, execute surety, and report daily to the police.

What did the court decide?

Petitioners ordered to release on anticipatory bail upon execution of separate bond for Rs. 25,000 each with two sureties, daily police reporting, and other conditions as per order.

Palani Vs State Rep.by — Cheating and Forgery | Madras HC (2023)

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Crl.O.P.No.7217 of 2023

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Crl.O.P.No.7217 of 2023

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S.SOUNTHAR, J.

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The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 342 and 324 I.P.C. altered to Sections 342, 326 I.P.C. and Section 7 (1)(a) of Criminal Law Amendment Act, in Crime No.1187 of 2020, seek anticipatory bail.

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2.The case of the prosecution is that, due to previous enmity, the petitioners abused and attacked the defacto complainant with iron rod, due to which, the defacto complainant sustained injuries. Hence the complaint.

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3.It is submitted by the learned counsel for the petitioners that the petitioners were granted anticipatory bail by this Court as early as on 22.07.2023 in Crl.O.P.No.10851 of 2020, but due to CORONA Pandemic situation and continuous lock down and also the petitioners were suffering with severe post CORONA symptoms, they were unable to surrender before the Court to execute bond. Accordingly, prays for Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7217 of 2023

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grant of anticipatory bail to the petitioners.

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Learned Government Advocate (Criminal Side) for the

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respondent would submit that the petitioners due to previous enmity, abused and attacked the defacto complainant with iron rod, due to which he sustained injuries. He would further submit that these petitioners were granted anticipatory bail by this Court as early as on 22.07.2020 in Crl.O.P.No.10851 of 2020. This is the second anticipatory bail petition.

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Heard both sides and perused the materials available on record.

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Having regard to the allegations made against the petitioners in

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the F.I.R and also considering the fact that these petitioners were granted anticipatory bail earlier by this Court in Cr.O.P.No.10851 of 2020 dated 22.07.2020, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

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Accordingly, the petitioners are ordered to be released on bail in

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7217 of 2023

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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, Cheyyar, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five

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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:

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[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioners shall report before the respondent police every day at 10.30 a.m., for a period of two weeks and thereafter on every Monday at 10.30 a.m. until further orders.

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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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S.SOUNTHAR, J. kas

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Crl.O.P.No.7217 of 2023

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[d] the petitioners shall not abscond either during investigation

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or trial.

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[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].

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

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8.With the above directions, this Criminal Original Petition is

ordered.

04.05.2023

kas

Crl.O.P.No.7271 of 2023

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Page 4 of 4

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https://www.mhc.tn.gov.in/judis

Palani v. State Rep.by

Case brief

What is this about?

What did the court decide?

Palani v. State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

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