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Madras High CourtCRL OP/29470/2022granted

S.Vikram v. State Rep By

2022-11-30Honourable Mr Justice A.D.Jagadish Chandira5 pages

A.D.JAGADISH CHANDIRA , J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 427, 506(ii) and 307 of IPC, in Crime No.255 of 2022, seeks anticipatory bail.

2.The case of the prosecution as per the de-facto complainant Pal George, who is the Manager in Seven Sins Resto Bar is that the petitioner along with three other unnamed persons entered into the bar in an intoxicated manner, had quarrel with the bouncers and attacked them and also intimidated them by showing knife. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and and he has been falsely implicated in this case. He would further submit that the petitioner along with his friends entered into the bar, there was a quarrel with the bouncers and a false complaint has been given. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner along with other accused had entered into the bar and abused the staff members in the bar and also assaulted them with knife. He would further submit that there is no previous case pending against him. Hence, he prays for grant of anticipatory bail to the petitioner.

5.Heard the learned counsel and perused the entire materials available on record.

6.Taking into consideration the facts of the case and the submissions made by the learned counsel and taking note of the fact that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.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

Metropolitan Magistrate No.XVII, Saidapet on condition that the petitionersshall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties (One should be a blood surety) 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.

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter, on every Saturday 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 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; 30.11.2022 vkr A.D.JAGADISH CHANDIRA , J.

vkr 30.11.2022