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Madras High CourtCRL OP/1883/2024granted

Vasudevan v. State Rep By

2024-02-02Honourable Mr Justice C.V. Karthikeyan2 pages

Crl.O.P.No.1883 of 2024 Crl.O.P.No.1883 of 2024 C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 379 of IPC in Crime No.176 of 2023, seek anticipatory bail.

2. The case of the prosecution is that the petitioner is found to transporting 12 units dunite stones without any valid license.

3. In view of these particular facts, this Court is inclined to grant anticipatory bail to the petitioners with certain 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 learned Judicial Magistrate Paramathy 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 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. 1/2 Crl.O.P.No.1883 of 2024 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.1883 of 2024 C.V.KARTHIKEYAN , J.

smn [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.

[c] the petitioner shall deposit a sum of Rs.50,000/- to the District Revenue Officer, Namakkal District. Two weeks time is granted for deposit the said amount from the date of receipt of a copy of this order.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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 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].

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

02.02.2024 smn 1/2 Crl.O.P.No.1883 of 2024 https://www.mhc.tn.gov.in/judis