Gopinath v. The State Rep By

CRL.O.P.No.10650 of 2016 S.VAIDYANATHAN, J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Section 436 of IPC in Cr.No.131 of 2016 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2. The case of the prosecution is that petitioner being a leader of the well known political party for the purpose of getting police protection, had arranged two henchmen, who had thrown a bomb on the car of the petitioner. Petitioner had also given a complaint on 29.02.2016 stating that two un-known persons have thrown bomb on his car.

3.Learned counsel for the petitioner submits that petitioner had filed Crl.O.P.N0.6741 of 2016 seeking police protection to him and the same is pending for consideration and this case has been foisted against him and he is no way connected the alleged offence.

4.Learned Government Advocate (Crl.side) submits that the earlier anticipatory bail petition filed by the petitioner in Crl.O.P.N0.9034 of 2015 in the very same crime number had been dismissed by this Court on 05.05.2016 and the investigation is in progress.

5.Taking note of the facts and circumstances of the case and the submissions made on either side since the investigation is still in progress, I am inclined to grant anticipatory bail to the petitioner.

S.VAIDYANATHAN, J.

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6. Accordingly, the petitioner is ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Tiruppur District, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial. [d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

13.06.2016 smi CRL.O.P.N0.10650 of 2016