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Madras High CourtCRL OP/28863/2022granted

Yuvaraj v. The State Rep By Its,

2022-12-08Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 392 and 397 of IPC, in Crime No.191 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on 04.09.2022, when the defacto complainant and his father reached Ooty, three unknown persons have attacked the defacto complainant and his father, which resulting in them causing injuries. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the alleged offence. He would also submit that the petitioner is a student pursuing B.Sc. Computer Science in National College, Trichy and he is ready to abide by any stringent conditions that may be imposed by this Court and hence, he prays for grant of anticipatory bail to the petitioner. Page No. 1 of 4

4. The learned Government Advocate (Crl. Side) would submit that on 04.09.2022, when the defacto complainant and his father reached Ooty, three unknown persons have attacked the defacto complainant and his father, which resulting in them causing injuries. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also that the future and career of the student should not be spoiled and he should be reformed, 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 Judicial Magistrate, Ooty, 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 Page No. 2 of 4

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 every Saturday at 10.30 a.m. for a period of eight (8) weeks and thereafter, as and when required for interrogation; [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];

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T.V.THAMILSELVI,J.

sp [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

08.12.2022 sp Page No. 4 of 4