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Madras High CourtCRL OP/26725/2023granted

Velan S v. The Inspector Of Police,

2023-11-24Honourable Mr Justice C.V. Karthikeyan4 pages

Crl.O.P.No.26725 of 2023 C.V.KARTHIKEYAN, J.

The petitioner/A10 in Crime No.148 of 2023 registered under Sections 147, 148, 342, 294(b), 323, 324, 363 and 506(ii) IPC, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.The petitioner/A10 is studying in Nandanam Government Arts College. The de facto complainant is studying in New College. The accused and the de facto complainant were travelling in the same bus to go to their respective Colleges, when they quarrelled which escalated into violence. Taking all these factors into consideration, anticipatory bail is granted. 4.Taking into consideration the fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/A10 herein with certain conditions.

5. Accordingly, the petitioner/A10 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 XIV 1/4

Metropolitan Magistrate, Chennai, on condition that the petitioner/A10 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/A10 is directed to appear before the respondent everyday at 10.30 am., for a period of two weeks and thereafter as and when required for interrogation.

The learned XIV Metropolitan Magistrate may inform the Principal of the Nandanam Arts College, where the petitioner is studying that the petitioner is an accused in Crime No.148 of 2023, registered under Sections 147, 148, 342, 294(b), 323, 324, 363 and 506(ii) IPC and this fact must be reflected in every certificate issued to the petitioner/A10. 2/4

[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 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.

24.11.2023 kp 3/4

C.V.KARTHIKEYAN , J.

kp Crl.O.P.No.26725 of 2023 24.11.2023 4/4