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Madras High CourtCRL OP/27277/2023granted

Ajith v. The State Of Tamilnadu

2023-12-01Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

Petitioners/A1 and A2 in Crime No.1296 of 2023, registered under Sections 294(b), 323, 324 and 506(ii) IPC, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondents. 3.It is stated that the petitioners have a running quarrel with their neighbour. The de facto complainant, a stranger came over to mediate. He was assaulted in the midst of the quarrel. Taking all these factors into consideration, 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 with certain conditions.

5.Accordingly, the petitioners/A1 and A2 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.II, Salem District, on condition that the petitioners each shall 1/4

execute a separate 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/A1 and A2 to appear before the respondent everyday at 10.30 a.m., 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 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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