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Madras High CourtCRL OP/21461/2023granted

K.Kali @ Kalidass v. The State Rep. By.

2023-10-05Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The petitioners herein seek anticipatory bail in Crime No.313 of 2023 registered by the respondent Police for the offence under Sections 294(b), 324, 506(ii) IPC.

2. It is stated that the defacto complainant had borrowed a sum of Rs.11,50,000/- from the 1st accused. They had all sat together and consumed liquor. Thereafter, a quarrel happened relating to the return of money.

3. The learned Government Advocate (Criminal side) stated that, the nature of the injuries suffered by the defacto complainant are quite serious. Petitioners said to have hit the defacto complainant with deadly weapons and caused laceration injuries on his head, eye, nose, lips, shoulder and hand. However, after suffering all these injuries, the injured had been discharged from the hospital.

4. Taking into consideration the facts and more particularly that the 1/4

fact that injured had been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 5.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 Judicial Magistrate No.II, Alandur, 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 deposit a sum of Rs.10,000/- each to the credit of the Crime No.313 of 2023. On such deposit the learned Judicial Magistrate may handover the same to the defacto complainant as 2/4

some relief for the injuries suffered by him. [c] the petitioners shall report before the respondent Police, daily at 10.30 a.m., until further orders;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall not abscond either during investigation or trial;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 05.10.2023 gd/mkn2 C.V.KARTHIKEYAN , J.

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