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Madras High CourtCRL OP/593/2024granted

Suresh Babu v. State Rep By

2024-01-19Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The petitioners seek anticipatory bail in Crime No.11 of 2024 registered by the respondent Police for the offence under Sections 294(b),323,324 and 506(ii) of I.P.C.

2.It is stated that the petitioners and the defacto complainant are neighbours and there was a dispute between them with regard to laying drainage pipe line which escalated into violence and assault.

3. The learned Government Advocate submitted that the injured discharged from the hospital.

4. Taking into consideration of all the facts and the fact that the injured had been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from 1/4

the date on which the order copy made ready, before the Judicial Magistrate No.II, Thiruvallur on condition that the petitioners shall execute a 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 petitioners 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 first, second and third petitioners shall report before the respondent police everyday at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation, the fourth petitioner shall report before the respondent police weekly once i.e on every saturday for a period of two weeks and thereafter as and when required for interrogation .

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; 2/4

[d] the petitioners 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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 19.01.2024 smn 3/4

C.V.KARTHIKEYAN , J.

smn 19.01.2024 4/4