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Madras High CourtCRL OP/26683/2023granted

Kumara Kumaravel v. State Rep By Its

2023-11-24Honourable Mr Justice C.V. Karthikeyan5 pages

C.V.KARTHIKEYAN , J.

The petitioner/A4 in Crime No.173 of 2023, registered under Sections 147, 148, 341, 294(b), 323, 324, 307 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.It is stated that owing to previous enmity, all the accused persons had committed the offences stated against the son of the de facto complainant. On the side of the respondent, it is stated that there were injuries in the head and in the hand. But, however the son of the de facto complainant had been discharged from the hospital. Taking all these facts into consideration, anticipatory bail is granted to the petitioner.

4. Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner/A4 subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail in the 1/5

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 XV Metropolitan Magistrate, George Town, 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 bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner/A4 to appear before the respondent everyday morning at 10.30 am., and evening at 5.00 pm., until further orders.

[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 2/5

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.

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C.V.KARTHIKEYAN , J.

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