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Madras High CourtCRL OP/26011/2023granted

Rama @ Ramakrishnan v. Inspector Of Police

2023-11-15Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN, J.

The petitioner is A5 in Crime No.139 of 202e, registered under Sections 147, 148, 294(b), 506(ii) and 336 IPC r/w Sections 152 and 153 of Railway Act, 1989.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent. 3.It is stated the petitioner/A5 is a student of Presidency College. There was a clash between the students of Presidency College and Pachaiyappa College. They had also thrown stones on the running train. It is stated that there are totally 26 accused and 9 accused had been arrested and had been granted bail. Anticipatory bail is granted to the petitioner. 4.Taking into consideration the fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner herein 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 XVI Metropolitan 1/4

Magistrate at GT Court, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (one of the surety must be either mother or father of the petitioner) 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 appear before the respondent Police, daily at 10.30 a.m., until further orders. Additionally, the XVI Metropolitan Magistrate, GT Court, may inform the Principal, Presidency College that the petitioner is an accused in Crime No.139/2023 registered under Sections 147, 148, 294(b), 506(ii) and 336 IPC r/w Sections 152 and 153 of Railway Act, 1989 and that this fact should be entered into the college records and certificates of the petitioner is concerned.

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

[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 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; 15.11.2023 kp C.V.KARTHIKEYAN , J.

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