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2023 Supreme(Online)(Mad) 90945

MADRAS HIGH COURT
T.V.THAMILSELVI, J
THANGADURAI – Appellant
Versus
THE INSPECTOR OF POLICE – Respondent
CRL OP/1088/2023



Crl.O.P.Nos.1088 & 1007 of 2023

Crl.O.P.Nos.1088 & 1007 of 2023

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest at the hands of the respondent

police for the offences punishable under Sections 465 & 468 IPC, in Crime

No.4 of 2023, seek anticipatory bail.

2. There are totally two accused. The petitioners are arrayed as A1 and

A2. The case of the prosecution is that the minor son of the defacto

complainant participated in Tamil Nadu Roller Skating Championship

conducted by state level competition for national selection. Out of three races

he participated and placed second and third place respectively securing four

points. At that time, he was tied break point with another. Therefore, the

Committee organized tie breaker race for the minor competitors. It is alleged

that the Head Coach namely A1 along with Assistant Coach namely A2 of the

academy without the consent of the defacto complainant gave a written consent

for non-willing to participate in the said tie break race. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the

petitioners are innocents and they have not committed any offence as alleged

by the prosecution. Hence, he prays for grant of anticipatory bail for the

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Crl.O.P.Nos.1088 & 1007 of 2023

petitioners.

4. The learned Government Advocate (Crl.Side) would submit that the

minor son of the defacto complainant participated in Tamil Nadu Roller

Skating Championship conducted by state level competition for national

selection. Out of three races he participated and placed second and third place

respectively securing four points. At that time, he was tied break point with

another. Therefore, the Committee organized tie breaker race for the minor

competitors. It is alleged that the Head Coach namely A1 along with Assistant

Coach namely A2 of the academy without the consent of the defacto

complainant gave a written consent for non-willing to participate in the said tie

break race. Hence, he vehemently opposed to grant anticipatory bail to the

petitioners.

5. Considering the facts and circumstances of the case, this Court is

inclined to grant anticipatory bail to the Petitioners subject to the following

conditions.

6.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

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Crl.O.P.Nos.1088 & 1007 of 2023

date on which the order copy made ready, before the learned Judicial

Magistrate No.II, Pollachi, on condition that each of the petitioners shall

execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each

with two sureties (out of which one shall be a blood relative 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 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 every Wednesday at 10.30 a.m., for the period of four

weeks and thereafter as and when required for

interrogation;

(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

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Crl.O.P.Nos.1088 & 1007 of 2023

T.V.THAMILSELVI, J.

gbi

appropriate action against the petitioners in accordance with law

as i

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