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Madras High CourtCRL OP/12856/2024granted

S.Vellaidurai v. The State Rep. By

2024-05-30Honourable Mr Justice S. Sounthar4 pages

S.SOUNTHAR , J.

The petitioners herein seek anticipatory bail in Crime No.223 of 2024 registered by the respondent Police for the offences under Sections 294(b), 341, 323, 447, 506(i) of IPC. and 3 (1) of TNPPDL Act, 1992.

2. The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in Crime No.223 of 2024 registered by the respondent Police for the offences under Sections 294(b), 341, 323, 447, 506(i) of IPC. and 3 (1) of TNPPDL Act, 1992. Thus, he seeks anticipatory bail to the petitioners.

3. The learned Government Advocate (Criminal side) stated that, the defacto complainant is running a textile office, wherein, on 17.05.2024 at about 16.45 hrs., the petitioners in the inebriated mood went there and under the guise of finance owner, they demanded money and when he got a information from a finance owner that he never engaged any person, they have assaulted him, abused him in filthy language and also threatened him with dire consequences, thereby he sustained injury on his head and also sustained swelling in his 1/4

shoulder. He would also submit that the F.I.R. in Crime No. 223 of 2024 was registered against petitioners for an offence under Secs. 294(b), 341, 323, 447, 506(i) of IPC. and 3 (1) of TNPPDL Act, 1992. Now, investigation is almost completed. Thus, he prays for dismissal of this petition.

4. Taking all the factors into consideration and also of the fact that the victim sustained a swelling injury and investigation is almost completed, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.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 V Metropolitan Magistrate Court, Egmore, Chennai on condition that the petitioners shall execute a 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 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 2/4

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;

[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;

30.05.2024 rpp 3/4

S.SOUNTHAR , J.

rpp 30.05.2024 4/4