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Madras High CourtCRL OP/26563/2023granted

Selvam v. The State

2023-11-28Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The petitioners seek anticipatory bail in Crime No.859 of 2023, registered under Sections 294(b), 323, 324, 354 and 506(ii) IPC. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.It is stated that the petitioners had also given a complaint in respect to the same occurrence which was registered FIR in Crime No.855 of 2023. It is stated that owing to a civil dispute, both the groups started fighting each other which escalated into violence leading to lodging of a complaint and registration of FIR. In view of all these factors anticipatory bail is granted to the petitioners. 4.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Ulundurpet, on condition that each of the petitioner shall execute a separate bond for a sum of Rs.

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 1st and 2nd petitioners are directed to appear before the respondent every day at 10.30 a.m., for a period of two weeks and the 3rd petitioner to appear before the respondent at 10.30 a.m., once a week for a period of two weeks and thereafter as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. 2/4

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

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C.V.KARTHIKEYAN , J.

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