Sugumar v. State Rep By

CRL.O.P.No.11707 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 324 and 506(ii) IPC in Crime No.698 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that on account of dispute arose between the petitioners and defacto complainant, who belongs to fishermen community, while conducting peace committee meeting, the petitioners are alleged to have indulged in wordy altercation with the defacto complainant and attacked him.

4. Learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that it is a case in counter.

5. Learned Government Advocate (Crl. Side) would submit that the injured has been discharged from the hospital. 6.Considering the facts and circumstances of the case and also taking note of the fact that it is a clash between two factions belonging to same community and the injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or 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,

S. VAIDYANATHAN, J.

msr Chennai, on each of them 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: [a] the petitioners shall stay at Chengalpattu and report before the Inspector of Police, Chengalpattu Police Station daily at 10.30 a.m. for a period of two weeks and thereafter before the respondent police 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].

13.6.2016 msr CRL.O.P.NO.11707 of 2016