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Madras High CourtCRL OP/11433/2024granted

M Ranganathan v. The Chennai City Ploice Commissioner

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 392 and 506(i) of IPC. in Crime No.not known of 2024, on the file of the 2nd respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners and the defacto complainant are relatives and due to the family dispute, there is a wordy quarrel between the parties. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in the case. Thus, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal side) submitted that a case has been registered in Crime No.202 of 2024 against the petitioners and the defacto complainant has not sustained any injuries. However, he prays for dismissal of this petition.

5. Taking into consideration the fact that it is only a family dispute 1/4

and there is no injury caused by the petitioners, I am 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 10th Metropolitan Magistrate, Egmore on condition that the petitioners shall execute separate 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 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 report before the respondent police everyday at 10.00.a.m., until further orders. [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;

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[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 abscond, a fresh FIR can be registered under Section 229A IPC;

08.05.2024 vum K.KUMARESH BABU , J.

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