Atul Kapur v. Inspector Of Police

C.V.KARTHIKEYAN,J.

The petitioner seeks anticipatory bail in Crime No.14 of 2024, registered by the respondent police for the offences punishable under Sections 341, 323 and 506(2) of IPC.

2. The case of the prosecution is that the defacto complainant had given an online complaint stating that on 22.01.2024, the petitioner and other unknown persons attacked the defacto complainant and his family due to the family property dispute. However, it is stated that there was also Court decree which is binding on the parties. It is impressed that the petitioner has to abide the court decree. The affidavit filed by the petitioner is as follows:

''2. I state that pursuant to the registration of the complaint given by the defacto complainant a case has been registered in Crime No.14 of 2024 by the respondent police for the alleged offence under section 341, 323 and 506(2) of IPC and apprehending arrest at the hands of the respondent, I filed an application for anticipatory bail in Crl.OP.No.4446 of 2024 before this Court, when the matter came up, this Hon'ble Court directed me to file an affidavit that I will abide by the

Court order in EPNo.15 of 2022 in OSA No.161 and 162 of 2016.''

3. The above statement is recorded. Taking all these factors into consideration, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions: 4.Accordingly, the petitioner is ordered to be released on anticipatory 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 II Metropolitan Magistrate, Egmore, 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.

[b] the petitioner 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.

[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].

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

[g] The affidavit filed by the petitioner may also be filed at the time of executing the sureties and the learned Magistrate may retain the said affidavit in Court.

11.03.2024 rli

C.V.KARTHIKEYAN,J.

rli 11.03.2024