P.Suthan v. The State Rep By

T.V.THAMILSELVI,J.

Earlier on 15.06.2022, this Court directs the petitioner to give his blood samples for taking DNA Test and in due compliance, he has filed an affidavit undertaking to subject himself for DNA Test by an order dated 27.09.2022.

2. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submits that the petitioner has undergone DNA test on 15.10.2022 and therefore he has complied with the order of this court.

3. The learned Government Advocate (Crl.Side) also concedes the same and the DNA test report is awaited.

4. Considering the above said facts and the submissions made by both counsel and also the fact that the petitioner has complied with the order of this Court, this Court is inclined to grant anticipatory bail to the petitioner.

5. Accordingly, the petitioner is 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.III, Vellore, Vellore District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties and one surety must be a blood surety, 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 petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner is directed to appear before the respondent police on every Tuesday and Saturday at 10.30 a.m., until further orders and co-operate for the enquiry; (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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

14.02.2023 drl T.V.THAMILSELVI, J.

drl 14.02.2023