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Madras High CourtCRL OP/14375/2024granted

Siva@ Sivakumar, v. State, Represented By

2024-06-21Honourable Mrs Justice T.V.Thamilselvi4 pages

Crl.O.P.No.14375 of 2024 T.V.THAMILSELVI, J.

The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 b, 324, 506(ii) of IPC in Crime No. 53 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons attacked with the victim with wooden log and abused with filthy language. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioner has been falsely implicated in this case. He prays to allow this petition. On the other side, the learned Government Advocate (Crl. side) submits injured has been discharged from the hospital.

4. Considering the above fact and circumstances of the case, injured has been discharged from the hospital and also the investigation is almost completed. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is 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 Metropolitan Magistrate Court No.XVII, Saidapet, Chennai, on condition that the petitioner shall execute a 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 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 on every Saturday at 10.30 a.m. for a period of two months and thereafter, as and when required for interrogation.

[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 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.

21.06.2024 pbl

T.V.THAMILSELVI, J.

pbl Crl.O.P.No.14375 of 2024 21.06.2024