Sri Yukesh v. State Rep.By

Crl.O.P.No.24804 of 2023 C.V.KARTHIKEYAN,J.

The petitioners seek anticipatory bail in Crime No.229 of 2023 registered by the respondent police for the offences punishable under Sections 294(b), 323, and 447 of IPC @ 294(b), 323, 447 and 506(ii) of IPC.

2. It is stated that the defacto complainant is running a Medical Shop at Arumbakkam and the petitioners herein had demanded some medicines without proper prescriptions and when there was a refusal to sell, there was a quarrel which escalated into violence.

3. It is stated by the learned counsel that all the petitioners are College Students.

4. Taking all these facts into consideration, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

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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 Metropolitan Magistrate, Court -II, Egmore, Chennai on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, out of which, one surety must be a blood related surety ie., either mother or father of their petitioners herein, 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 petitioners are also to disclose the name of the Colleges where each one of them were studying and on such information, the learned Metropolitan Magistrate, Court-II, Egmore, Chennai is 2/4

directed to inform the concerned Colleges about the registration of FIR against the petitioners herein.

[c] the petitioners shall report before the respondent police everyday at 6.30 p.m., for a period of two weeks and thereafter as and when required for interrogation.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

[f] 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].

[g] 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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