Madras High CourtCRL OP/11066/2016granted

Manikandan @ Manivannan v. State Rep By

2016-05-25Honourable Mr Justice B. Gokuldas(Retd.)2 pages

Crl.O.P.No.11066 of 2016 B.GOKULDAS,J., The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 302 IPC r/w 149 IPC, in Crime No.360 of 2016 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there are totally 10 accused and the petitioner is arrayed as A7. Due to money dispute, A1 to A5 attacked the deceased with knife and hands and A6 to A10 guarded the scene of occurrence, resulting in the registration of the case.

3. The learned counsel for the petitioner submits that the petitioner is falsely implicated in this case and he has nothing to do with the alleged offence. It is further submitted that even as per the prosecution case, the petitioner has not attacked the deceased and he only guarded the scene of occurrence.

4. Heard the learned counsel on either side.

5. Considering the facts and circumstances of the case, this Court is to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vanur Court, Villupuram District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- Ten Thousand only) with two sureties each for a like sum to B.GOKULDAS,J.,

svki 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 stay at Dindugul and report before the Dindugul Town Police Station daily at 10.30 a.m. till 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 petitioner in accordance with law, as if the conditions have been imposed and the petitioner 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 Crl.O.P.No.11066 of 2016