← Library
Madras High CourtCRL OP/24876/2023granted

Arul @ Arul Singaravel v. State By

2023-11-03Honourable Mr Justice C.V. Karthikeyan4 pages

Crl.O.P.Nos.24876 and 24893 of 2023 C.V.KARTHIKEYAN , J.

A3 has filed Crl.OP.No.24876 of 2023 and A4 and A5 have filed Crl.OP.No.24893 of 2023 both in Crime No.279 of 2023, registered under Sections 147, 148, 294(b), 323, 364A, 386 and 506(ii) IPC on a complaint given by the de facto complainant on 16.9.2023.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.It is the case of the prosecution that A1 had demanded a sum of Rs.10,00,000/- from the de facto complainant and when he refused all the accused joined together and took the de facto complainant in a Car to various places and shown him a knife and finally dropped him in yet another place. They were able to get about a sum of Rs.10,000/- from him. The learned counsel for the petitioners stated that there was a pre-existing money dispute between the 1st accused and the de fact complainant. It is however also contended that A1 and A2 had been arrested and granted bail. Taking into consideration all the facts and the fact also that the de facto complainant finally got home to lodge a complaint, I would grant anticipatory bail to the petitioners. 1/4

4. Taking into consideration the facts and circumstances of the case, 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, Tiruchengode, on condition that the petitioners each 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 petitioners to appear before the respondent police every day at 10.30 a.m. for a period of three weeks and thereafter as and when required for interrogation. 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.

03.11.2023 kp 3/4

C.V.KARTHIKEYAN , J.

kp Crl.O.P.Nos.24876 and 24893 of 2023 03.11.2023 4/4