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Madras High CourtCRL OP/19162/2024granted

Babu v. State By

2024-08-13Honourable Mr.Justice P. Dhanabal4 pages

P.DHANABAL,J.

The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 449,324,307 & 109 of IPC in Crime No.303 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that that one Vijay and daughter have eloped and married and this petitioner also participated in the marriage function. It is stated that this petitioner along with other accued attacked the defacto complainant by using the arruval and caused injuries to him. Hence, the complaint.

3. The learned counsel for the petitioner would contend that the petitioner is a innocent person and a false case has been foisted against him. He would further submit there is no previous case against the petitioners and he is no way connected with the said occurrence. 4.The learned Government advocate(Crl.Side) would submit that the petitioner attacked the defacto complainant and caused injuries to him. 1/4

He further submitted that the injured discharged from the hospital. However, he objected to grant anticipatory bail to the petitioner. 5.Heard both side and perused the materials available on record. 6.Considering the rival submissions on either side and considering the fact that there is no previous case pending against the petitioner and the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions: 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Chengam, Tiruvannamalai District on condition that the petitioner shall execute a 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 learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police daily at 10.30 a.m.

during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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