Kalai Arasan v. Inspector Of Police

Crl.O.P.No.27108 of 2023 C.V.KARTHIKEYAN, J.

Petitioners/A2 and A3 in Crime No.193 of 2023, registered under Sections 341, 294(b), 323, 324, 384 and 506(ii) IPC, seek anticipatory bail. A1 had been arrested and granted bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.It is stated that the accused persons went over to the shop of the de facto complainant at the closing hours and demanded food. In view of that particular fact, a quarrel arose which escalated into violence. Taking all the factors into consideration and that there are no previous case against the petitioners herein, anticipatory bail is granted. 4.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners herein with certain conditions.

5.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 1/4

Metropolitan Magistrate No.II, Egmore, Chennai, on condition that each of 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 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/A2 and A3 to appear before the respondent everyday at 10.30 a.m , until further orders. [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 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 2/4

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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