Madhavan v. The Inspector Of Police

S.SOUNTHAR , J.

The petitioners herein seek anticipatory bail in Crime No.159 of 2024 registered by the respondent Police for the offences under Sections 147, 148, 294(b), 506(ii), 436, 452, 307 of IPC read with Section 149 of IPC, 3(1) & Section 4 of TNPPDL Act, 1992.

2. The case of the prosecution is that, due to previous enmity, petitioners along with other accused attacked the defacto complainant using deadly weapons and also damaged the properties worth about Rs.2,00,000/-. Hence, the case.

3. The learned counsel for the petitioners stated 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) stated that, the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.

1/4

5. Having regard to the nature of the allegations made against the petitioners and also the fact that the injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each to the credit of Crime No. 159 of 2024 within Two weeks from today and on such deposit, 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 No.V, Vellore 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 2/4

or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police everyday at 10.30.a.m., for a period of two weeks.

[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;

29.05.2024 sma 3/4

S.SOUNTHAR , J.

sma 29.05.2024 4/4