← Library
Madras High CourtCRL OP/26438/2023granted

Dilip Raju v. State Rep.By

2023-12-11Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The petitioner seeks anticipatory bail in Crime No.528 of 2023 registered for an offence under Sections 294(b), 353, 323 and 506(ii) of IPC 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent. 3.It is stated that the mother of the petitioner herein who had left the house a decade back had come back and filed M.C.No.14 of 2019 against the present petitioner and an order had been passed in the year 2021 about payment of maintenance amount. The only issue was whether the petitioner had complied with such directions. The learned counsel for the petitioner today stated that the petitioner had deposited a sum of Rs.6,00,000/- before the Principal Sessions Judge, Family Court at Chennai by demand draft on 22.09.2023. This shows the bonafide on the part of the petitioner, anticipatory bail is granted.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

1/4

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 Judicial Magistrate-II, Thiruvallur, 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 to appear before the respondent police every day at 10.30 a.m, for a period of two weeks and thereafter as and when required for interrogation.

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

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 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;

11.12.2023 kp 3/4

C.V.KARTHIKEYAN , J.

kp 11.12.2023 4/4