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Madras High CourtCRL OP/10394/2016granted

Shanmugam v. State Rep. By

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

Crl.O.P.No.10394 of 2016 P.KALAIYARASAN, J.

The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC and Section 3 of Public Property Damages Loss Act on the file of the respondent police, in Crime No. 128 of 2016 and seeks anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel, the petitioner is alleged to have abused the de-facto complainant in filthy language, assaulted and threatened him with dire consequences and thereby caused injuries.

3.

Learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case; that there is a countercase; that he is nothing to do with the alleged offences; that he is also having permanent residence and therefore, they may be granted anticipatory bail.

4. The learned Additional Public Prosecutor concedes pendency of the counter-case.

P.KALAIYARASAN, J.

Rj

5. Considering the facts and circumstances of the case and also considering the fact that the counter-case is pending, nature of the offences and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his 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 District Munsif cum Judicial Magistrate, Arcot and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. Rj 05.05.2016 Crl.O.P.No.10394 of 2016