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Madras High CourtCRL OP/19548/2023granted

Srinivasan M v. State Rep. By The Inspector Of Police

2023-10-04Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The petitioner, who is an Advocate by profession, seeks anticipatory bail in Crime No.824 of 2022 registered by the respondent Police for the offence under Section 5 of Explosives Substance Act and Section 25(1A) of Arms Act.

2.It is stated that A1 to A6 were found in illegal possession of pistal, country bombs, patta kathi and bullets and they had conspired to commit the murder.

3The petitioner as counsel for A1 to A6 opposed grant of police custody.

4.It is also seen from the records that A1 to A6 have been arrested and later, let out on bail. The other accused, who is also an Advocate, has also been granted anticipatory bail.

5. Taking into consideration all these facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned 1/4

Metropolitan Magistrate No.X, Egmore, 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 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, daily at 10.30 a.m., until further orders;

[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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned 2/4

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; 04.10.2023 vkr 3/4

C.V.KARTHIKEYAN , J.

vkr 04.10.2023 4/4