Shek Dawood v. State Rep.By

Crl.O.P.No.10398 of 2016 P.KALAIYARASAN, J.

The petitioners apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 353, 294(b), 427 and 506(i) of I.P.C on the file of the respondent police, in Crime No.357 of 2016 and seek anticipatory bail.

2. The case of the prosecution is that due to a dispute in a Masjid, the accused have attacked the de-facto complainant with hands and caused injury.

3. Learned counsel appearing for the petitioners would submit that the petitioners have been falsely implicated in this case and they have nothing to do with the alleged offences and they are also having permanent residence 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 has no serious objection.

5. Considering the facts and circumstances of the case, the nature of the allegation made against the petitioners and the fact that except Sec.506(i) and 353 IPC, other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

P.KALAIYARASAN, J.

Jrl

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 No.II, Chengalpattu 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 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 Jrl Crl.O.P.No.10398 of 2016