Mugesh Kumar v. State Rep. By

Crl.O.P.No.10383 of 2016 P.KALAIYARASAN, J.

The petitioners, who are arrayed as accused 2, 5, 7 and 10, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 147, 148, 294(b), 324, 506(ii) and 307 of IPC read with Section 3(1) of TNPPDL Act on the file of the respondent police, in Crime No.50 of 2016 and seeks anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel, the petitioners alleged to have abused the defacto complainant in a filthy language and also caused damages to the vehicle worth about Rs.50,000/-.

3. Learned counsel appearing for the petitioners would submit that the petitioners along with some other persons went by Car and the defacto complainant also came by van to attend a function, due to wordy quarrel, the defacto complaint used filthy language and gave a false complaint against the petitioners. He further submitted that the petitioners are innocent persons and the co-accused has been granted anticipatory bail and therefore, no prejudice would be caused to the prosecution in the event of the petitioners' release on anticipatory bail.

4.The learned Additional Public Prosecutor would submit that the petitioners 1 and 2 are having one previous case and the petitioners 3 and 4 are having 3 and 9 previous cases respectively. He further submitted that there was a damage worth about Rs.50,000/- to the vehicle and investigation is not yet over.

5.Considering the facts and circumstances of the case and the fact that the co-accused have already been released on bail and also considering the nature of the allegations made against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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, Thiruthuraipoondi and on their 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 learned Magistrate concerned and on further condition that the petitioners shall deposit a sum of Rs.7,500/-(Rupees seven thousand five hundred only) each to the credit of Crime No.50 of 2016 before the learned Magistrate concerned and to appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners shall appear before the concerned Magistrate within a period of three weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. 05.05.2016 mps/vsm

P.KALAIYARASAN, J.

mps/vsm Crl.O.P.No. 10383 of 2016 05.05.2016