Jaya Pradeep v. The Inspector Of Police,

C.V.KARTHIKEYAN , J.

The Petitioners/A1 to A4 in Crime No.439 of 2023 registered by the Respondent Police for the offences under Sections 147, 294(b), 323 and 506(i) IPC, seeks anticipatory bail.

2. It is the case of the prosecution that during the heavy rains which affected Chennai, a quarrel had arises between the defacto complainant and the Petitioners and his group. This quarrel escalated into violence leading to lodging of complaint and registration of FIR.

3. The learned counsel for the Petitioners stated that the Petitioners are innocent persons and they were no way connected with the alleged offences. Thus, he prays for grant of anticipatory bail to the Petitioners herein.

4. Taking into consideration that the entire quarrel was due to the sudden downpour of rain and provision of amenities and help, this Court is inclined to grant anticipatory bail to the Petitioners with certain conditions. 1/4

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 Judicial Magistrate No.1, Tambaram, on condition that the petitioners shall 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 shall report before the Respondent Police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for the interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. 2/4

[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].

[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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