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Madras High CourtCRL OP/30266/2024granted

Vijay v. Inspector Of Police

2024-12-16Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 30266 of 2024 Vijay S/o.Kabilan, No.41/2, Balahai Kovil Street, Kolathur Post, Thiruvallur District.

Petitioner(s) Vs Inspector Of Police V-6, Kolathur Police Station, Chennai. Crime No.2/2020 Respondent(s) For Petitioner(s):

P.Loganathan For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 341, 294(b), 324, 506(2) IPC, in C.C.No.6553 of 2021, pending on the file of the learned XIII Chief Metropolitan Magistrate, Chennai, in connection with Crime No.2 of 2020, seeks anticipatory bail.

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2. Learned counsel appearing for the petitioner submitted that the petitioner is facing trial in C.C.No.6553 of 2021 on the file of learned XIII Chief Metropolitan Magistrate, Chennai, for the offences under Sections 341, 294(b), 324, 506(2) IPC. He further submitted that the petitioner has been regularly appearing before the trial Court on all hearing dates, while so, due to his employment in Banglore, he was unable to appear before the trial Court on 20.10.2022, thereby, a Non Bailable Warrant was issued by the trial Court, against him. He also submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

3. Learned Government Advocate (Crl.side) submitted that since the petitioner, who is an accused facing trial in C.C.No.6553 of 2021, pending on the file of the learned XIII Chief Metropolitan Magistrate, Chennai, has failed to appear before the trial Court on 20.10.2022, the trial Court has issued a Non-Bailable Warrant of arrest against him and now the case stands posted on 20.12.2024 for hearing. Hence, he objects for grant of anticipatory bail.

4. Having heard the learned counsel for the petitioner and the learned Advocate (Crl. Side) for the respondent Police and perused the materials 2/4

available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he 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-8, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, of which one shall be a blood related surety, 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 and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall appear before the learned XIII Chief Metropolitan Magistrate, Egmore on all working dates at 10.30 a.m., for a period of two weeks and thereafter on the dates to be fixed by the learned Metropolitan Magistrate.

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A.D.JAGADISH CHANDIRA , J.

Anu [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 by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

16.12.2024 Anu To 1.The XIII Chief Metropolitan Magistrate, Egmore.

2. Inspector Of Police V-6, Kolathur Police Station, Chennai.

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