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Madras High CourtCRL OP/9425/2024granted

Nagaraj v. State Rep By

2024-04-29Honourable Mrs Justice T.V.Thamilselvi5 pages

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 341, 294(b), 324, 506(ii) of IPC in Crime No.11 of 2024 on the file of the respondent/police, seeks anticipatory bail. 2.It is the case of the prosecution that on 25.03.2024, the complainant was in the station duty received the written complaint from one Rajeshwari who is the defacto complainant herein stating that the petitioner having murder case and the same was frequently informed to police by the defacto complainant, for which the petitioner along with two other persons were attacked the defacot complainant's husband on 24.03.2024 at about night 11.45 hrs. in which he sustained injuries on his head and bodies. Hence the complaint. 3.The learned counsel appearing for the petitioner would submit that he is an innocent person and he did not commit any offence. He is no way connected with the above offence. He is ready to offer adequate sureties and will abide by any condition that may be imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioner. 1/5

4.The learned Government Advocate (Crl. Side) vehemently opposed for grant of anticipatory bail to the petitioner. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record. 6.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 7.Accordingly, the petitioner is directed 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 Judicial Magistrate Court No.1, Alandur, on condition that the petitioner shall execute a bond for a sum of Rs.

(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 deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Registered Advocates Clerks Association, Chennai, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below;

(c) the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of three months; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;

(f) 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 Judge himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and (g) if the accused thereafter absconds, a fresh FIR 3/5

can be registered under Section 229-A IPC.

29.04.2024 ah T.V.THAMILSELVI, J.

ah Crl.OP.No.9425 of 2024 4/5

29.04.2024 5/5