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Madras High CourtCRL OP/11188/2016ordered

Mrs. M. Kanchanan, v. The Inspector Of Police,

2016-06-08Honourable Mr Justice S. Vaidyanathan2 pages

Crl.O.P.No.11188 of 2016 S.VAIDYANATHAN, J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 448, 341, 323, 324 and 506(ii) of IPC in Crime No.949 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2. The case of the prosecution is that due to civil dispute, in a wordy quarrel, the petitioners are alleged to have assaulted the defacto complainant and caused injury and threatened him with dire consequences.

3. The learned counsel for the petitioners submitted that the petitioners have not committed any such offence and the defacto complainant has lodged false complaint against the petitioners.

4. The learned Government Advocate (Crl. Side) submitted that the injured has been treated as out patient.

5. Considering the facts and circumstances of the case and taking note of the fact that the injured has been treated as out-patient, I am inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail in the event of 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 X Metropolitan Magistrate, Egmore, Chennai, on each of them executing a bond for a sum of Rs.10,000/- (Rupees ten Thousand Only) with two sureties each for

S.VAIDYANATHAN, J.

vrc a like sum to the 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 appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.

[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 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].

08.06.2016 vrc Crl.O.P.No.11188 of 2016