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Madras High CourtCRL OP/26580/2023granted

Murugesan v. The State Rep. By Its

2023-11-23Honourable Mr Justice C.V. Karthikeyan2 pages

Crl.OP.No.26580 of 2023 Crl.O.P.No.26580 of 2023 C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest for the alleged offences under Sections 341, 294(b), 323, 324 and 506(ii) of IPC in Crime No.678 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.It is stated that the daughter of the petitioner herein had married the son of the defacto complainant and owing to marital dispute, a complaint had been lodged in FIR in Crime No.555 of 2023. Owing to that fact as a previous enmity, the present incident has occurred. 3.Taking all those factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

4. 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 Judicial Magistrate, Omalur, 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 bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. 1/2 https://www.mhc.tn.gov.in/judis

Crl.OP.No.26580 of 2023 C.V.KARTHIKEYAN, J.

vkr [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required.

[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.

23.11.2023 vkr Crl.O.P.No.26580 of 2023 2/2 https://www.mhc.tn.gov.in/judis