J.Deliban v. State Represented By
C.V.KARTHIKEYAN , J.
The Petitioner/A2 in Crime No.54 of 2024 registered by the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC, seeks anticipatory bail. There was also an counter complaint given by the Petitioner in which FIR in Crime No.55 of 2024 had been registered.
2. It is stated that the Petitioner and the defacto complainant are both running cable TV Operations. During the course of business, a dispute arose between them and they had cut the cable wires of each of them. This Court had granted time for the cable wire to be restored. But, it appears that the said dispute continues.
3. 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 1/4
the date on which the order copy made ready, before the Judicial Magistrate, Pallavaram, 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 petition for anticipatory bail shall stand dismissed and on further conditions 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 once in a week i.e., on every Saturday at 10.30 a.m. for a period of three weeks and thereafter, as and when required for the 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.
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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 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.
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C.V.KARTHIKEYAN , J.
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