Kathiravan v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner seeks anticipatory bail in Crime No.246 of 2023 registered by the respondent Police for the offences under Sections 448, 294(b), 506(ii) and 307 IPC, with respect to an occurrence which had been taken place on 12.09.2023.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side).

3.The learned Government Advocate (Criminal side) stated that the respondent recorded a statement of the defacto complainant who had been admitted in Government Stanley Hospital, Chennai. According to her, she stated that she had earlier given an information about illegal selling of ganja and narcotics of the petitioner and taking that as motive, the accused persons had entered into the house and attacked her. Sofar as this petitioner is concerned, it is stated that he attacked her in knife. It is further stated that there are seven previous cases as against the petitioner herein, including Section 307 IPC.

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4.The date of occurrence was on 12.09.2023 and for the past two months the respondent had not taken any steps to secure the petitioner herein. The other accused had been secured and granted bail. 5.Taking into consideration of the facts and circumstances, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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 X Metropolitan Magistrate, Egmore, 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 2/5

bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner should deposit a sum of Rs.10,000/- to the credit of the Dean, Government Stanley Hospital, Chennai for the treatment of the needy patients.

[c]The petitioner may also file an affidavit that he would not tamper the defacto complainant before or during the course of trial. If the respondent gets any information from the defacto complainant about threaten or any interference before or during the course of trial in the FIR in Crime No.246 of 2023 then steps could be taken to cancel this anticipatory bail.

[d] the petitioner shall report before the respondent police everyday at 10.00.a.m., until further orders. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial; [f] the petitioner shall not abscond either during investigation or trial;

[g] 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 3/5

Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;

28.11.2023 gd C.V.KARTHIKEYAN , J.

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gd 28.11.2023 5/5