Lingeshwaran v. State Rep. By

Crl.O.P.No.10702 of 2016 B.GOKULDAS, J.

The petitioners/accused 1,5,6,8,9,16,7,11,14,15 and 17, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 436 of IPC in Crime No.196 of 2016 on the file of the respondent, seek anticipatory bail.

2. The learned counsel for the petitioners/accused submitted that this case has been foisted against the petitioners/accused with a malafide intention and nothing but a counter blast to the case in Crime No.197 of 2016 on the file of the respondent police.

3. The learned Government Advocate [Crl. Side] represented that the petitioners/accused while participating in the cremation ceremony of deceased Mohan, wordy quarrel arose between the petitioners/accused and the de facto complainant and caused damages to the right-hand side mirror of the public vehicle and set fire to the de facto complainant's house.

4. Heard the learned counsel on either side.

5. Taking into consideration the fact that the value of the damaged properties have not been assessed properly and this is a counter case, this Court is to grant anticipatory bail to the petitioners/accused. Accordingly, the petitioners/accused are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen [15] days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Kanchipuram, on condition that the petitioners shall execute a bond each for a sum of Rs.10,000/- [Rupees Ten Thousand only] with two

B.GOKULDAS, J.

mps/gya 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 petitioners shall report before the respondent police daily at 10.30 a.m. till further orders; [b] the petitioners shall not tamper with evidence or witness either during investigation or trial; [c] the petitioners 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 are 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].

25.05.2016 mps/gya Crl.O.P.No.10702 of 2016