Magesh @ Magesh Kumar v. The 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 147, 148, 294(b), 341, 323, 324, 506(ii) and 307 IPC in Crime No.174 of 2023, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioner and co-accused picked up quarrel and assaulted the defacto complainant with knife and caused injury. Hence the case. 3.The previous anticipatory bail petition in Crl.O.P.No.23190 of 2023 had been dismissed by an order dated 19.10.2023. It had been observed that there are seven previous cases against the petitioner herein. However, the injured had been discharged from the hospital. It is stated that A2, A3 and A4 had been arrested and granted bail. 1/4

4.Though the earlier anticipatory bail petition had been dismissed, in view of the fact that there is some progress in the investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.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 XVII Metropolitan Magistrate, Saidapet, Chennai, 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.

2/4

[b] the petitioner shall report before the respondent police daily 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 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.

15.11.2023 smv 3/4

C.V.KARTHIKEYAN , J.

smv 15.11.2023 4/4