M.Uvaraj v. Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 420 and 506 (i) IPC, in Crime No.499 of 2023, on the file of the respondent police seeks anticipatory bail.

2.The learned counsel for the petitioner stated that petitioner had filed S.T.C.No.157 of 2021 under Section 138 N.I.Act, which is now pending before the Judicial Magistrate - I, wherein, evidence had been adduced and trial is in progress. Discharge was one of the plea of defence. It is however stated that though discharge had been pleaded, a case had been still instituted on the basis of the cheque, which had been returned dishonoured. Entire issue will have to be agitated before the trial Court. But at any rate, anticipatory bail is granted to the petitioner with certain conditions.

3. 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 1/4

from the date on which the order copy made ready, before the Judicial Magistrate - I, Ponneri, 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 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 10.00 a.m., for a period of two weeks and thereafter as and when required for interrogation by the respondent police.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. 2/4

[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. 09.11.2023 sli 3/4

C.V.KARTHIKEYAN, J.

sli Crl.O.P.No.24777 of 2023 09.11.2023 4/4