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Madras High CourtCRL OP/26313/2023partly allowed

Pradeep Kumar v. Inspector Of Police

2023-11-20Honourable Mr Justice C.V. Karthikeyan4 pages

Crl.O.P.No.26313 of 2023 C.V.KARTHIKEYAN , J.

The 1st petitioner seeks anticipatory bail in Crime No.302 of 2023 registered by the respondent under Sections 294(b), 324 and 506(ii) IPC.. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.It is stated that while the petitioners and the de facto complainant were playing football, there was a wordy quarrel which escalated leading to lodging of complaint and registration of FIR. The injured had been discharged from the hospital. In view of all these facts, anticipatory bail is granted to the 1st petitioner. Insofar as the 2nd petitioner is concerned, this petition is dismissed as withdrawn and the learned counsel for the petitioner had also made an endorsement in the anticipatory bail petition to that effect.

4. Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail in the 1/4

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 Judicial Magistrate No.I, Vellore, 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 his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of the Aadhar card or Bank pass Book to ensure their identity.

[b] 1st petitioner to appear before the respondent once a week for a period of two weeks and thereafter as and when required.

Insofar as the 2nd petitioner is concerned, this petition is dismissed as withdrawn.

[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 2/4

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.

20.11.2023 kp C.V.KARTHIKEYAN , J.

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