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Madras High CourtCRL OP/4548/2023granted

Veeramani v. State Rep By

2023-03-02Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 294(b), 323 and 353 of IPC, in Crime No.141 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.It is the case of the prosecution that the de-facto complainant is a Conductor in Vadapalani Bus Depot and the petitioner is a passenger. On 02.04.2022, there was a wordy quarrel between the de-facto complainant and the petitioner. During which, the petitioner has abused the de-facto complainant in filthy language. Hence, the case. 3.The learned counsel appearing for the petitioner would that the petitioner is an innocent person and he has nothing to do with the alleged offence. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner. Page No.1/4

4.The learned Government Advocate (Crl.Side) submitted that, on 02.04.2022, there was a wordy quarrel between the de-facto complainant and the petitioner. During which, the petitioner has abused the de-facto complainant in filthy language. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the submissions made by the learned Government Advocate (Crl.Side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned V 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 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 Page No.2/4

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 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]; Page No.3/4

T.V.THAMILSELVI,J.

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

02.03.2023 sp Page No.4/4