Karthikeyan v. State Rep. By Its

C.V.KARTHIKEYAN, J.

The petitioner/A4 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 447, 427, 294(b), 323, 506(ii) of IPC and subsequently altered to Sections 143, 447, 294(b), 323, 324 and 506(ii) of IPC r/w Section 3 of TNPPDL Act, 1982 in Crime No.44 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner had abused, attacked and threatened the defacto complainant with dire consequences and also damaged the compound wall. Hence, the case. 3.The learned counsel for the petitioner submit that the petitioner had not committed any offence as alleged by the prosecution. Further, he submitted that this Court had already granted bail to the coaccused with the condition to deposit a sum of Rs.1,50,000/- to the crime number.

1/4

4.Taking that factor into consideration, this Court is inclined to grant anticipatory bail to the petitioner, on condition that he should deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.44 of 2024 before the learned Judicial Magistrate, Vaniyambadi, Thirupathur District. On such deposit, the learned Judicial Magistrate, Vaniyambadi, Thirupathur District, may transfer it to an interest earning account and pass final orders on conclusion of trial.

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 Judicial Magistrate, Vaniyambadi, Thirupathur 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

2/4

[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 daily at 10.30 a.m., until further orders. [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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

30.04.2024 smv 3/4

C.V.KARTHIKEYAN , J.

smv 30.04.2024 4/4