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Madras High CourtCRL OP/31960/2022granted

Kumaraguru v. State Rep By The Inspector Of Police

2022-12-23Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest for the alleged offence under Sections 147, 148, 294(b), 323, 324, 307, 427, 506(II) of IPC in Cr.No.1198 of 2020 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that petitioners are arrayed as A1 to A9. A1 is a road contractor. Due to previous enmity between A1 and defacto complainant's brother, A1 gathered A2 to A9 together abused and assaulted the defacto complainant's brother and his family members. Due to the assault, the victims are admitted in the hospital. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the complaint lodged by the defacto complainant is totally false and a fabricated one. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioners have assaulted the defacto complainant's brother and his family members and caused injuries. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration, the facts and the submissions and that the 1/4

petitioners are ready and willing to deposit some amount to the credit of Cr.No.1198 of 2020, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.

Accordingly, the petitioners are directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only) totally to the credit of Crime No. 1198 of 2020 within a period of two weeks from the date on which the order copy made ready, and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate-II, Ulundurpet on condition that the petitioners shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) each 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 petitioners 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 petitioners shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only) totally to the credit of Crime No.

within a period of two weeks from the date on which the order copy made ready and on such deposit defacto complainant is permitted to withdraw the amount.

[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial.

[d] the petitioners shall appear before the respondent police on every Saturday at 10.30 a.m for four weeks and thereafter as and when required for interrogation.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] the petitioners shall not abscond either during investigation or trial. 23.12.2022 dk To The Judicial Magistrate - II, Uludurpet.

T.V.THAMILSELVI, J.

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