S Murugan v. State Rep By

C.V.KARTHIKEYAN , J.

The Petitioner seeks anticipatory bail in Crime No.42 of 2024 registered by the respondent police for the offences under Sections 294(b), 323, 506(1) IPC.

2. The learned counsel for the Petitioner stated that the Petitioner is an innocent person and is in no way connected with the above said allegations. Thus, he prays for grant of anticipatory bail to the Petitioner herein.

3. The learned Government Advocate (Criminal Side) stated that the Petitioner and the defacto complainant are brothers and there is a dispute over running of a textile shop, namely, "Saraswathi Sarees". It is stated that there is also a suit in O.S.No.3905 of 2023 pending before the learned XI Assistant City Civil Court at Chennai relating to the same issue.

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

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 the date on which the order copy made ready, before the learned XV Metropolitan Magistrate, George Town, 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 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 daily at 10.30 a.m. for a period of two 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 2/4

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.

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C.V.KARTHIKEYAN , J.

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