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Madras High CourtCRL OP/11004/2024granted

Karthikeyan @ Karthik v. State Rep By

2024-05-08Honourable Mr Justice K.Kumaresh Babu4 pages

K.KUMARESH BABU , J.

The petitioner herein seeks anticipatory bail in Crime No.118 of 2024 registered by the respondent Police for the offences under Sections 147, 148, 341, 294(b), 323, 324, 506(ii) of IPC and 4 of TNPHW Act.

2. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in Crime No.118 of 2024 registered by the respondent Police for the offences under Sections 147, 148, 341, 294(b), 323, 324, 506(ii) of IPC. He further submitted that the petitioner is a college student studying B.Com in Vel's Institute of Science, Technology & Advanced Studies. Thus, he seeks anticipatory bail to the petitioner.

3. The learned Government Advocate (Criminal side) stated that, on 06.04.2024 at about 7.30 p.m., when the defacto complainant's son was speaking with his friends, they were assaulted by 12 persons. When the defacto complainant attempted to stop the quarrel and prevent the accused from attacking her son, they scolded her with filthy language and her Saree 1/4

was also dragged. Thus, he prays for dismissal of this petition.

4. Taking all the factors into consideration, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered 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 Additional Mahila Court, Alandhur, 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, 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police everyday at 10.00.a.m., until further orders. 2/4

[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 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 FIR can be registered under Section 229A IPC;

08.05.2024 jas 3/4

K.KUMARESH BABU , J.

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