2023 Supreme(Online)(Mad) 98184
MADRAS HIGH COURT
T.V.THAMILSELVI, J
MUKILARASAN – Appellant
Versus
INSPECTOR OF POLICE – Respondent
CRL OP/1007/2023
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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T.V.THAMILSELVI, J.
gbi
appropriate action against the petitioners in accordance with law
as i