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Madras High CourtCRL OP/23353/2023granted

Vijay v. Inspector Of Police

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

C.V.KARTHIKEYAN , J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offices under Sections 294(b), 323, 436 and 506(2) of IPC in Crime No.289 of 2023 on the file of the respondent police, seek anticipatory bail.

2. It is stated that the petitioners are A1, A2 and A7. In a godown, when there was an inspection, there was a quarrel with the defacto complainant. However, they did not quarrel with the officials who actually inspected the godown.

3. Taking an over all consideration of the entire facts of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

4. 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 1/4

Judicial Magistrate, Cheyyur on condition that the petitioners 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 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, every day at 10.30 a.m., for two weeks and thereafter as and when required;

[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 2/4

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; 10.10.2023 mjs 3/4

C.V.KARTHIKEYAN , J.

mjs 10.10.2023 4/4