Mr.M.Rajkumar v. The Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 307, 506(2) of Indian Penal Code, 1860 and under Sections 3 and 5 of the Explosive Substance Act, 1908 in Crime No.246 of 2023, seeks anticipatory bail.

2.The petitioner is arrayed as A7.

3.It is stated that there was an earlier motive, in that, the defacto complainant is accused of murder of the friend of A1. As retaliation, all the accused, when the defacto complainant and other persons were travelling in auto, threw country bomb, owing to which, the defacto complainant suffered injuries. It is also stated that the defacto complainant had been discharged from the hospital. It is stated that A1 to 1/4

A5 had been arrested and released on bail.

4.Taking all these factors into consideration and particularly also there are no previous case against the petitioner herein, this Court is inclined to grant anticipatory bail to the petitioner and with certain conditions:

5.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, Thiruporur, Chennai District, 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 2/4

and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., 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 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.

04.01.2024 smv 3/4

C.V.KARTHIKEYAN , J.

smv 04.01.2024 4/4