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Madras High CourtCRL OP/1485/2024granted

Venkat @ Venkatesh v. Inspector Of Police

2024-01-31Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The petitioner/A4, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 341, 294(b), 323, 397, 427, 336 and 506(2) of IPC registered in Crime No.524 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. It is stated that the defacto complainant is running a Tiffin shop and all the accused had gone to that shop at the time of closure and demanded to be served and hence there was a quarrel which escalated into violence.

3. Taking an over all consideration of the entire facts of the case, taking into consideration the fact that A1 and A2 had been arrested and granted bail and also considering the statement that there is one previous case against this petitioner under Section 302 of IPC, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 1/4

4. Accordingly, the petitioner is ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned X Metropolitan Magistrate, Egmore, 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, every day at 10.30 a.m. until further orders;

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

[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 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; 31.01.2024 mjs 3/4

C.V.KARTHIKEYAN , J.

mjs 31.01.2024 4/4