Murthy @ Mandapam Murthy v. Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(i) of IPC, in Crime No.117 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on account of previous enmity, the petitioners abused the defacto complainant and also threatened him with dire consequences. Hence the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and a false case has been foisted on account of previous enmity. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed on them. Hence he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) opposed for grant of anticipatory bail to the petitioners stating that due to previous

enmity, the petitioners abused the defacto complainant and also threatened him with dire consequences.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) and perused the materials available on record including the FIR.

6.Taking note of the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.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 XVII Metropolitan Magistrate, Saidapet, Chennai, on condition that the petitioners shall execute separate bonds 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 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 10.30 a.m., for a period of three weeks, thereafter, on every Saturday at 10.30 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].

A.D.JAGADISH CHANDIRA, J., [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 28.06.2023 Lpp