Avinash Prabhakar v. State Rep By

C.V.KARTHIKEYAN , J.

The petitioners herein seek anticipatory bail in Crime No.01 of 2023 registered by the respondent Police for the offences under Sections 498(A) and 406 IPC.

2. The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in a case in Crime No.01 of 2023 registered by the respondent Police for the offences under Sections 498(A) and 406 IPC. Thus, he seeks anticipatory bail to the petitioners.

3. Even before entering into any discussion of the fact, it is seen that 1st petitioner has filed HMOP.No.295 of 2023 pending on the file of Sub-Ordinate Court, Poonamalle. The issues therefore are to be examined by the learned Sub Judge who can examine other connected issues also. 1/4

4. The learned counsel for the petitioners stated that the petitioners had appeared for enquiry before the respondent on 25.10.2023 and cooperated with the investigation.

5. Taking all the factors into consideration, 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 I, Poonamalle, 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. 2/4

[b] (i) the 1st and 4th petitioners shall report before the respondent police everyday at 10.00.a.m.,for a period of two weeks and thereafter, as and when required for interrogation.

(ii) the 2nd and 3rd petitioners shall report before the respondent police once a week at 10.00.a.m.,for a period of two weeks and thereafter, as and when required for interrogation.

[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 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;

01.11.2023 gd 3/4

C.V.KARTHIKEYAN , J.

gd 01.11.2023 4/4