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Madras High CourtCRL OP/24030/2023granted

P.Raga Priyanga v. Inspector Of Police

2023-10-19Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN, J.

The petitioners/A2 to A5, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 406 and 420 IPC in Crime No.182 of 2023, seek anticipatory bail. 2.It is stated that the 1st accused was taken into custody on 27.09.2023 and subsequently had been granted bail by the XIV Metropolitan Magistrate Court, Egmore, Chennai, on 05.10.2023 in Crl.M.P.43531 of 2023. It is stated that the accused persons had offered job at Poland and had obtained money from the defacto complainant. The learned counsel for the petitioner states that, it is A1 who had done so. It is also stated that the entire amount had been settled to the defacto complainant.

3.Let the issues be examined during the course of trial. At this stage, this Court in inclined to grant anticipatory bail to the petitioners with certain conditions.

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4. 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 XIV Metropolitan Magistrate Court, Egmore, Chennai, on condition that each one of the petitioner 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 1st and 2nd petitioners shall report before the respondent police daily weekly once i.e., on the Monday of every week at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation and the 3rd and 4th petitioners shall report before the respondent police daily at 10.30 a.m until further orders. 2/4

[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.

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C.V.KARTHIKEYAN , J.

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