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Madras High CourtCRL OP/10242/2016granted

Munusamy, v. State Rep. By The Inspector

2016-05-04Honourable Mr Justice P. Kalaiyarasan2 pages

Crl.O.P.Nos.10242 and 10243 of 2016 P.KALAIYARASAN, J.

The petitioners apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 326 and 506 (ii) IPC in Crime Nos.106 and 107 of 2016, on the file of the respondent police, and they seek anticipatory bail.

2. It is the case of the prosecution that due to previous enmity owing to property dispute between the petitioners and the de-facto complainant, there was wordy quarrel between them.

3. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the cases and further that they are innocent of the offences alleged against them and they are having permanent residence and the learned counsel prayed that the petitioners may be granted anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondentPolice submitted that it is a case and counter and the injured has been discharged from the hospital and he has no serious objection for grant of anticipatory bail to the petitioners.

5. Considering the fact that the injured has been discharged from the hospital, nature of offences alleged against the petitioners, the fact that they are having permanent residence and also taking into account the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

P.KALAIYARASAN, J.

r n s / c s

6. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest, or on their appearance before the learned Judicial Magistrate, Sholingar, on each of them executing 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 said learned Magistrate and on further condition that:

(i) the petitioners in Crl.O.P.No.10242 of 2016 shall appear before the respondent police daily at 10.00 a.m until further orders. (ii) the petitioners in Crl.O.P.No.10243 of 2016 shall appear before the said Magistrate every Monday at 10.30 a.m. for a period of two months.

7. All the petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously and they shall surrender before the said learned Magistrate within a period of three weeks from the date on which the order copy is made ready, failing which, the anticipatory bail granted herein shall stand dismissed. 04.05.2016 rns/cs Crl.O.P.Nos.10242 and 10243 of 2016