R.Karthick v. Inspector Of Police

Crl.O.P.No.82 of 2024 C.V.KARTHIKEYAN, J.

The petitioner/A2 who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323, 324 and 506(2) of I.P.C in Crime No.328 of 2023, seeks anticipatory bail.

2. The learned counsel for the petitioners stated that the petitioner is an innocent person and he has been falsely implicated in Crime No.328 of 2023 registered by the respondent Police for the offence under Sections 294(b), 323, 324 and 506(2) of I.P.C. Thus, he seeks anticipatory bail to the petitioner herein.

3. The petitioner has been arrayed as Accused No.2 in this case. It is stated by the learned Government Advocate (Crl.Side) that, on the date of occurrence while the defacto complainant and his friend Babu were standing in front of the wine shop, A2 and some unidentifiable persons attacked them and threatened them with dire consequences. Thus, he prays for dismissal of this petition.

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4. Taking into consideration the fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner herein with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the XV Metropolitan Magistrate Court, George Town, Chennai, on condition that the petitioner shall execute 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 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:

[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 their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the 2/4

respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for the interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [c] the petitioner 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 petitioner 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;

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C.V.KARTHIKEYAN , J.

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