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Madras High CourtCRL OP/11410/2024granted

Thiagu Chander, v. The State Rep.By

2024-05-09Honourable Mr Justice K.Kumaresh Babu4 pages

K.KUMARESH BABU., J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341,294(b),323,324 and 506(ii) of Indian Penal Code in Crime No. 146 of 2024, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant's relative one Ramalingam and 1st petitioner's father dhayalan had previous dispute and attacked both the parties and FIR also registered. On the date of occurrence, the petitioners used filthy language against the defacto complainant and attacked the defacto complainant. Hence, the complaint.

3. It is stated that the petitioners were not committed any offence. The defacto complainant gave false complaint against the petitioners because of their previous dispute and the same has been accepted by the defacto complainant and it has been recorded in the FIR. The petitioners have been falsely implicated in this case by the respondent Police. Only with a view to harass the petitioners, a false complaint was logged and the FIR was registered only for the statistical purpose.

4. It is stated that the petitioners are ready to abide any condition that may be imposed by this Hon'ble Court and ready to furnish

substantial sureties to the satisfaction of the Trail Court. Hence, the petitioners seeks to enlarge the petitioners on bail in the event their arrest by the respondent police concerned in Crime No.146 of 2024 on the file of the respondent police.

5. Taking all the factors into consideration and also the fact that no similar petition filed or pending before the Sessions Court, 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 on which the order copy made ready, before the learned Judicial Magistrate Court No.II, Thiruvallur District on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 this Court 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 appear before the respondent police daily

at 10.30 a.m., 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 petitioners 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.

09.05.2024 msv

K.KUMARESH BABU., J.

msv Crl.O.P.No.11410 of 2024 09.05.2024