Madras High CourtCRL OP/11162/2016granted

Thiyagu Alias Thiyagarajan v. State Rep. By

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

Crl.O.P.No.11162 of 2016 B.GOKULDAS,J., The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 323, 355 and 506(i) of IPC in Crime No.129 of 2016 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are alleged to have indulged in a quarrel and attacked the defacto complainant by hands, resulting in registration of the case. The learned Government Advocate (Crl.side) represented that the injured is discharged from hospital.

3. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case.

4. Heard the learned counsel on either side.

5. Taking into consideration the fact that the injured is discharged from the hospital, this Court is to grant anticipatory bail to the petitioners. Accordingly, the petitioners 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 District Munsif cum Judicial Magistrate, Vedharanyam, Nagapattinam District, on condition that each of the petitioners shall execute 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 B.GOKULDAS,J.,

ga 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 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.11162 of 2016