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Madras High CourtCRL OP/4199/2024granted

S.Karthik v. The State Rep. By

2024-02-22Honourable Mr Justice C.V. Karthikeyan4 pages

Crl.O.P.Nos.4199 and 4219 of 2024 C.V.KARTHIKEYAN , J.

A1 has filed Crl.O.P.No.4199 of 2024 and A2 has filed Crl.O.P.No.4219 of 2024 both in crime No.90 of 2024 registered by the respondent police for the offences punishable under Sections 294(b), 341, 323 and 506(1) of IPC.

2.A1 is the husband of the defacto complainant and A2 is the sister of A1/sister in law of the defacto complainant.

3. It is stated that owing to various issues, A1 and the defacto complainant are as on date, estranged. It is also stated that all the accused went over to the house of the defacto complainant where a quarrel arose which escalated into violence.

4. However, taking all the other factors into consideration and that there is no previous case as against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on 1/4

their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.1, Ambattur, on condition that the petitioner 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 petitioner/A1 in Crl.O.P.No.4199 of 2024 shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation and the petitioner/A2 in Crl.O.P.No.4219 of 2024 shall report before the respondent police as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness 2/4

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 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.

22.02.2024 rjr 3/4

C.V.KARTHIKEYAN , J.

rjr Crl.O.P.Nos.4199 and 4219 of 2024 22.02.2024 4/4