D.Prithivirajan v. The Inspector Of Police

Crl.O.P.No.2327 of 2024 C.V.KARTHIKEYAN, J.

This matter had been listed under the caption for 'lunch motion' since it is stated that the 16th day ceremony of the mother of the 1st and 2nd petitioners is to be held today (05.02.2024) and tomorrow (06.02.2024). 2.The petitioners/A1 to A2 who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 324 and 506(ii) of IPC in Crime No.38 of 2024 on the file of the respondent, seek anticipatory bail.

3.It is stated that the accused were dancing by listening to a song in the mobile phone and accidentally touched the car of the defacto complainant. This escalated into violence, when the defacto complainant came over to the house of the petitioner along with his father. There the quarrel further escalated with each party attacking the other. It is also stated that the petitioners had also given a complaint against the defacto complainant, which had been registered as FIR in Crime No.37 of 2024. 1/4

4.But however, taking all the factors into consideration and the nature of offences, this Court is inclined to grant anticipatory bail to the petitioners.

5. Accordingly, the petitioners are ordered to be released on bail in the event of 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 each one of the petitioners shall execute a separate 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 petitioners 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 petitioners shall report before the respondent 2/4

police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 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.

05.02.2024 smv 3/4

C.V.KARTHIKEYAN , J.

smv Crl.O.P.No.2327 of 2024 05.02.2024 4/4