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Madras High CourtCRL OP/2457/2024granted

Ramachandiran @ Vicky v. The State Rep By

2024-04-25Honourable 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 offences punishable under Sections 341, 294(b), 323, 448, 427, 506(ii) of I.P.C in Crime No.492 of 2023, seeks anticipatory bail.

2.

The case of the prosecution is that there was a previous enmity between the defacto complainant and the petitioner herein. While so on, 19.10.2023 the petitioner along with other accused had broken the computer, printer, office chair, switch box and CCTC camera. The total damages is about Rs.40,000/-.

3.

The learned Government Advocate (crl.side) appearing for the respondent submitted that A1, A2 and A3 had been arrested and granted bail.

4.

Taking that factor into consideration and also the fact that there

has been substantial progress in the investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.

The petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Crime No.492 of 2023 before the learned District Munsif-cum-Judicial Magistrate, Madhavaram, Chennai. On such deposit being made, the District Munsifcum-Judicial Magistrate, Madhavaram, Chennai may transfer the same to any fixed deposit account in any one of the nationalised bank and the amount should be retained in the bank account till the date of final order. If the petitioner is convicted the said amount may be returned to the defacto complainant with interest. If the petitioner is acquitted the said amount may be returned to the accused with interest. 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 learned District Munsif-cum-Judicial Magistrate, Madhavaram, 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 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].

C.V.KARTHIKEYAN,J.

gsa [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

25.04.2024 gsa Crl. O.P. No.2457 of 2024