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Madras High CourtCRL OP/8347/2024granted

Jaganathan v. The State Rep By Its,

2024-04-04Honourable Mrs Justice T.V.Thamilselvi5 pages

Crl.O.P.No.8347 of 2024 T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence under Sections 147, 148, 294(b), 323, 324 & 506(2) IPC in Crime No. 184 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner abused, attacked and threatened the defacto complainant in Vellore fish market. Hence, the case.

3.The learned counsel appearing for the petitioner submit that the petitioner has not committed any offence as alleged by the prosecution. Learned counsel prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl side) submits that there was dispute between them and it is case in counter. However, 1/5

vehemently oppose for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl side), it is a case in counter and no one has been injured. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.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 of receipt of a copy of this order, before the Judicial Magistrate No.IV, 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 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 and on further condition that:

[a] the petitioners and the sureties shall affix 2/5

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 is directed to report before the respondent police on every Sunday at 10.30 a.m., for a period of three months 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 petitioners 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 3/5

FIR can be registered under Section 229A IPC. 05.04.2024 pbl T.V.THAMILSELVI, J.

pbl Crl.O.P.No.8347 of 2024 4/5

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