Dhanush v. State Rep By

Crl.O.P.No.2814 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/A1 in Crime No.197 of 2023 registered by the respondent police for the offences punishable under Sections 147, 148, 294(b), 323and 307 of IPC seeks anticipatory bail .

2. The learned counsel for the petitioner stated that the petitioner has been falsely implicated as an accused in Cr.No.197 of 2023 registered by the respondent police for the offences punishable under Sections 147, 148, 294(b), 323and 307 of IPC with respect to occurrence which took place on 05.10.2023. He further submitted that the petitioner is an innocent.

3. It is stated that the petitioner is studying 1st year B.A History in Presidency College. When the defacto complainant was sitting in a train, the petitioner along with other accused had assaulted him by using knife. 1/5

4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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 Metropolitan Magistrate-XVI, George Town, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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.

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[b] the petitioner shall report before the respondent police every day at 05.30 p.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].

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

5. The learned XVI Metropolitan Magistrate, George Town, Chennai may intimate to the Principal of the Presidency College, where the petitioner is studying First year B.A. History about the pendency of FIR in Cr.No.197 of 2023 registered under Sections 147, 148, 294(b), 3/5

324 and 307 of IPC as against the petitioner herein to be recorded in the Registers and to be reflected in the certificates issues to the petitioner.

6. With the above directions, this Criminal Original Petition is ordered.

Vv 12.02.2024 C.V.KARTHIKEYAN,J.

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Vv Crl.O.P.No.2814 of 2024 12.02.2024 5/5