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Madras High CourtCRL OP/6568/2024granted

Venkatesan v. State Rep.By

2024-03-25Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The petitioners/A1 & A2 seek anticipatory bail in Crime No.181 of 2024 registered by the respondent Police for the offences punishable under Sections 294(b), 323, 324, 435 and 506(ii) of IPC.

2. It is stated that the deceased brother's wife of the first petitioner had married the defacto complainant. This had let to have a wordy quarrel and the petitioners are said to have burnt the bike of the defacto complainant.

3. The learned counsel for the petitioners had stated that only the seat cover was burnt.

3. However, taking all those factors into consideration and that there are two previous cases as against the petitioners herein, this Court is inclined to grant anticipatory bail to the petitioners, but however, directing each petitioner to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each as non-refundable deposit to the credit of Crime No.181 of 2024, before the Judicial Magistrate No.II, Thiruvallur. The said amount may be handed over by the Judicial Magistrate No.II, Thiruvallur to the 1/4

defacto complainant.

5. 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 learned Judicial Magistrate No.II, Thiruvallur, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 condition 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 everyday at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. 2/4

[d] the petitioners 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 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.

25.03.2024 rjr 3/4

C.V.KARTHIKEYAN , J.

rjr 25.03.2024 4/4