Allowed

Appu at Pratesh v. State by

Madras HC19 Mar 2024CRL OP/4289/2024

Case brief

AI extract

What is this about?

In Crl.O.P.No.4289 of 2024, the Court granted anticipatory bail to the petitioner accused of offences under Sections 294(b), 352, and 506(2) IPC. The application was allowed subject to specific conditions, including daily police reporting, bond security, and prohibition on tampering with evidence or absconding.

What did the court decide?

Petitioner released on bail with conditions: daily police appearance, bond Rs.10,000 with two sureties, no tampering or absconding, and penalty for breach.

Appu at Pratesh Vs State by — Anticipatory Bail | Madras HC (2024)

¶1

Crl.O.P.No.4289 of 2024

¶2

Crl.O.P.No.4289 of 2024 C.V.KARTHIKEYAN , J.

¶3

The Petitioner/Accused in Crime No.14 of 2024 registered by the respondent police for the offences under Sections 294(b), 352 and 506(2) IPC, seeks anticipatory bail.

¶4

The learned Government Advocate (Criminal Side) stated that there is a previous enmity owing to a complaint that had been lodged against the father of the Petitioner herein and this emanated into a dispute which escalated into violence. Hence, this case.

¶5

The learned counsel for the Petitioner stated that the Petitioner is an innocent person and had not committed any offences as alleged in the complaint. Thus, he prays for grant of anticipatory bail to the Petitioner herein.

¶6

Taking all the factors into consideration, this Court is inclined to

¶7

grant anticipatory bail to the Petitioner subject to the following conditions. Accordingly, the Petitioner is ordered to be released on bail in the event of

¶8

1/4

¶9

https://www.mhc.tn.gov.in/judis 1/4

¶10

Crl.O.P.No.4289 of 2024

¶11

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 No.5, Vellore, Vellore 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 conditions that :

¶12

[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.

¶13

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

¶14

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

¶15

[d] the petitioner shall not abscond either during investigation or trial.

¶16

https://www.mhc.tn.gov.in/judis 2/4

¶17

2/4

¶18

Crl.O.P.No.4289 of 2024

¶19

[e] On breach of any of the aforesaid conditions, the

¶20

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].

¶21

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

¶22

19.03.2024

¶23

mkn2

¶24

https://www.mhc.tn.gov.in/judis 3/4

¶25

Crl.O.P.No.4289 of 2024

¶26

C.V.KARTHIKEYAN, J. mkn2

¶27

Crl.O.P.No.4289 of 2024

¶28

19.03.2024

¶29

https://www.mhc.tn.gov.in/judis 4/4

Appu at Pratesh v. State by

Case brief

What is this about?

What did the court decide?

Appu at Pratesh v. State by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Thamaraikani Vs the State Rep by Its

Sathish Vs State Rep.by

Chandran Vs the State Rep by

Prakash @ Ettaiah Vs State Rep.by

A.Mani Vs Inspector of Police

P.Rajavel Vs the State Rep by