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Madras High CourtCRL OP/7737/2024granted

Tharun v. The State Rep By

2024-03-28Honourable Mr Justice C.V. Karthikeyan4 pages

Crl.O.P.No.7737 and 7738 of 2024 C.V.KARTHIKEYAN,J.

The petitioners/A2 and A5 in Crl.OP.No.7737 of 2024 and the petitioners/A1, A3 and A4 in Crl.Op.No.7738 of 2024, seek anticipatory bail in Crime No.237 of 2024, registered by the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 506(ii) and 427 of IPC.

2. It is stated that the defacto complainant was doing power loom business for the past ten years in the name and style of M/s.Vivin Textiles. The defact complainant is working as a Manager in the first accused father's company viz., M/s. Tharun Textiles. There was money transaction in those businesses. On account of the same, a dispute arose. 3.Taking all these factors into consideration, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions:

4.Accordingly, the petitioners are ordered to be released on

anticipatory 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, palladam, Tiruppur 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 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., for a period of two weeks and thereafter, as and when required for 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.

[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.

28.03.2024 rli

C.V.KARTHIKEYAN,J.

rli Crl.O.P.No.7737 and 7738 of 2024 28.03.2024