M.Prabakaran @ Mandaivetti Praba @ Praba v. The State Rep. By

C.V.KARTHIKEYAN,J.

The petitioner/A2 who apprehends arrest at the hands of the respondent Police for the offences under Sections 294(b), 341, 307 & 506(ii) of IPC in Crime No.175 of 2023, seeks anticipatory bail. 2.It is seen from the records that the FIR was registered on 31.08.2023. A1 had been arrested and later, had been granted bail by the learned II Metropolitan Magistrate, Egmore under Section 167(2) of Cr.P.C. 3.Objections have been raised on behalf of the respondent by the learned Government Advocate (crl.side) that there are previous cases against the petitioner including one under Section 302 IPC, another under Section 307 IPC and yet another under Section 392 IPC. It is also stated that the nature of injuries are grievous in nature.

4.However, the First Information Report had been registered in August 2023, nearly about 5 months back. The petitioner have been appeared before the Court and the respondent with respect to the other cases. 5.In view of that particular fact, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions: 1/4

6.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 Metropolitan Magistrate No.II, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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 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 respondent Police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself 2/4

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.

29.01.2024 vkr 3/4

C.V.KARTHIKEYAN,J.

Vkr 29.01.2024 4/4