Muthuraman And Others vs State

C.V.Karthikeyan, J

1.The petitioners, who were arrested and remanded to judicial custody on 30.10.2023 for the offences punishable under Sections 468, 471 and 420 IPC and Section 3 r/w 7(1) of the State Emblem of India (Prohibition of Improper Use) Act, 2005 on the file of the respondent police, seek bail.

I am not entering into any discussion on the facts or on the allegations against the petitioners herein, and I am conscious that the Court is skating on thin ice, since there is also intervener present, who objects to grant of any relief to the petitioners. The only fact that pervades on the mind of the Court is the statement made by the learned counsel for the petitioners that the daughter of the 1st petitioner is to get married on 16.11.2023.

3.Taking that one factor alone into consideration, interim bail is granted to the 1st petitioner alone till 17.11.2023, on condition that,

(i).the 1st petitioner is ordered to be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate – II, Salem.

(ii).The respondent is directed to provide escort to the 1st petitioner herein, during the course of his interim bail.

(iii).An affidavit has to be filed before the learned Judicial Magistrate – II, Salem, that the 1st petitioner will not indulge in any of the activities, of which he is already accused of, will not repeat that particular offences and will not tamper any witness and will also disclose his mobile number.

(iv).The 1st petitioner is directed to surrender before the learned Judicial Magistrate – II, Salem, on 17.11.2023 at 4.00 p.m.

4.This order is passed purely based on the statement made across the bar by the learned counsel for the 1st petitioner, which would also indicate that the learned counsel has a responsibility to the Court to ensure that there is no violation of any of the interim bail condition.

5.List the matter before this Court on 21.11.2023, to report the fact of surrender before the learned Judicial Magistrate – II, Salem.