Kalidas v. The State Rep By

C.V.KARTHIKEYAN , J.

The Petitioner/A4 in Crime No.328 of 2023 registered by the Respondent Police for the offences under Sections 147, 448, 342, 294(b), 323 and 506(i) IPC, seeks anticipatory bail.

2. It is stated by the learned Government Advocate (Criminal Side) that Accused A1, A2 and A3 had been arrested and had been released on bail. It is the case of the prosecution that the Accused A1 was a former employee of the shop of the defacto complainant and owing to a dispute over the terms of employment, all the Accused persons had gone over to the shop and had assaulted the defacto complainant. Hence, this case.

3. Taking all the factors into consideration including the fact that some of the Accused had been granted bail, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. 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 XIII Metropolitan Magistrate, Egmore, 1/4

Chennai, on condition that the petitioner 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 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 Respondent Police daily at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] 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 2/4

have been imposed and the petitioner 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.

30.01.2024 mkn2 3/4

C.V.KARTHIKEYAN , J.

mkn2 30.01.2024 4/4