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Madras High CourtCRL OP/23420/2023granted

Hari Prasanth Appu @ Karuppu Appu v. Inspector Of Police

2023-10-11Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN,J.

The petitioner seeks anticipatory bail in Crime No.259 of 2023 registered by the respondent police for the offence punishable under Sections 341, 294(b), 392 & 397 of IPC with respect to an incident on 26.09.2023.

2. It is stated that the defacto complainant had been robbed at knife point a sum of Rs.2,000/-.

3. It is also stated that there are three previous cases pending as against the petitioner herein but some of the other accused had been arrested and had been released on bail by the Principal Sessions Judge in Crl.M.P.No.25001 of 2023 on 04.10.2023.

4. Taking all these factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

5. 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 XVI 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 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 everyday Morning at 10.30 a.m., and Evening at 5.30 p.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.

11.10.2023 ata C.V.KARTHIKEYAN,J.

ata 11.10.2023