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Madras High CourtCRL OP/828/2024granted

Viji @ Vijayan v. State Rep By

2024-01-23Honourable Mr Justice C.V. Karthikeyan3 pages

C.V.KARTHIKEYAN,J.

The petitioner who apprehends arrest at the hands of the respondent Police for the offences under Sections 294(b), 323, 355, 506(ii) of IPC in Crime No.8 of 2024, seeks anticipatory bail. 2.The occurrence took place on 30.12.2023 and the complaint was lodged on 05.01.2024. It is stated that the defacto complainant who is a lady was moving quite friendly with the brother of the petitioner which was questioned by the petitioner which led to a quarrel which escalated into violence.

3.Taking all the factors into consideration, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions: 4.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 Judicial Magistrate No.I, Ponneri 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 1/3

intends to arrest or to the satisfaction of the learned Magistrate concerned, C.V.KARTHIKEYAN,J.

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., for a period of two weeks and thereafter, as and when required for interrogation.

[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 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.

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