Inbaraj v. State Rep By

C.V.KARTHIKEYAN , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 324 and 506(2) of IPC in Crime No.169 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. It is the submission of the learned counsel for the petitioner that petitioner has been falsely implicated as 3rd accused in Crime No.169 of 2023 registered for the offences under Sections 294(b), 323, 324 and 506(2) of IPC. The Petitioner has not committed any offence as alleged in the first information report. Thus, he prays for grant of anticipatory bail to the petitioner.

3. In response, the learned Government Advocate (Criminal side) submitted that, there was a wordy quarrel on 18.09.2023 between the petitioner and brother of the defacto complainant. Thereafter, when the defacto complainant tried to mitigate in the said quarrel, the petitioner along with other accused had assaulted the defacto complainant with iron rod. It is 1/4

further stated that A1 and A2 had been arrested by the respondent police and released on bail. However, he prays for dismissal of this petition.

5. Taking an over all consideration of the entire issue, 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 XV Metropolitan Magistrate, George Town, Chennai 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.

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[b] the petitioner shall report before the respondent Police, everyday 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 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 mjs/gd 3/4

C.V.KARTHIKEYAN , J.

mjs/gd 04.10.2023 4/4