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Madras High CourtCRL OP/11537/2016granted

K.G.Karthiban v. State By

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

Crl.O.P.No.11537 of 2016 S.VAIDYANATHAN, J.

Apprehending arrest at the hands of the respondent police for alleged offences punishable under Sections 498A, 323 and 506(ii) IPC in Crime No.3 of 2016 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2. The petitioner and the defacto complainant are husband and wife. The case of the prosecution is that the petitioner is alleged to have harassed the defacto complainant and assaulted her and threatened her with dire consequences.

3. The learned counsel for the petitioner submitted that false complaint has been lodged against the petitioner and he has not committed any such offence.

4. Heard the learned Government Advocate (Crl. Side) for the respondent.

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with the following conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned XV Metropolitan Magistrate, George Town, Chennai, on his 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:

S.VAIDYANATHAN, J.

vrc [a] the petitioner shall report before the learned Magistrate daily at 10.30 a.m. for a period of two weeks and appear before the respondent police as and when required for interrogation.

[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]. 08.06.2016 vrc Crl.O.P.No.11537 of 2016