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Madras High CourtCRL OP/5620/2024granted

Sriram v. State Rep By Its

2024-03-14Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The Petitioners/Accused in Crime No.116 of 2024 registered by the respondent police for the offences under Sections 143, 323, 324 and 506(2) IPC, seek anticipatory bail.

2. The learned Government Advocate (Criminal Side) stated that the Petitioners herein and the defacto complainant are all relatives and were attending a funeral ceremony. For some strange reason, they had started quarrelling among themselves instead of paying respect to the person who had unfortunately died. They also had attacked each other and had caused injuries.

3. A counter complaint had also been lodged leading to the registration of FIR in Crime No.115 of 2024, in which, the Accused had also been granted anticipatory bail.

4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the Petitioners subject to the following conditions. 1/4

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 Judicial Magistrate No.III, Vellore District, on condition that 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 conditions 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 police as and when required for the 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.

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[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.

14.03.2024 (2/2) mkn2 3/4

C.V.KARTHIKEYAN , J.

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