Vijay v. Inspector Of Police

A.D.JAGADISH CHANDIRA, J., Apprehending arrest in connection with C.C.No.14451 of 2022 on the file of learned XIII Chief Metropolitan Magistrate, Egmore, Chennai , in connection with Crime No.203 of 2022 registered for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 506(2) of IPC, the present petition has been filed seeking anticipatory bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is facing trial in C.C.No.14451 of 2022 on the file of learned XIII Chief Metropolitan Magistrate, Egmore, Chennai, for the offences under Sections 147, 148, 341, 294(b), 323, 324, 506(2) of IPC. He further submitted that the petitioner has been regularly appearing before the trial Court on all hearing dates, while so, due to illness, he was unable to appear before the trial Court on 25.04.2022, thereby, a Non Bailable Warrant was issued by the trial Court, against him. He also submitted that the petitioner is ready to appear before the trial Court and and also he is ready to cooperate for speedy disposal of the trial. Hence, she prays for grant of anticipatory bail to the petitioner.

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3. Learned Government Advocate (Crl.side) submitted that since the petitioner, who is an accused facing trial in C.C.No.14451 of 2022, pending on the file of the learned XIII Chief Metropolitan Magistrate, Egmore, Chennai, has failed to appear before the trial Court on 25.04.2022, the trial Court has issued a Non-Bailable Warrant of arrest against him. He also submitted that due to the absence of the petitioner, the trial Judge is unable to proceed with the trial. Hence, he object for grant of anticipatory bail.

4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and 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 of receipt of a copy of this order, before the learned XIII Chief Metropolitan Magistrate, Egmore, 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 said Magistrate, on further 2/4

condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner shall report before the trail Court on all working day at 10.30.a.m., until further orders; [c] the petitioner shall not tamper with evidence or witness during trial;

[d] the petitioner shall not abscond during 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 269 of BNS.

05.12.2024.

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A.D. JAGADISH CHANDIRA. J., Sma 05.12.2024 4/4