M.Chinnasamy v. The Inspector Of Police

CRL.O.P.No.11713 of 2016 S.VAIDYANATHAN, J.

Apprehending arrest at the hands of the respondent police for alleged offences punishable under Sections 294(b), 324, 325 and 326 IPC in Crime No.318 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 the petitioners are alleged to have assaulted the defacto complainant and his family members and caused injuries to them.

3. The learned counsel for the petitioners submitted that the petitioners went to the defacto complainant's house only to rescue the daughter of the first petitioner who was beaten by the defacto complainant and for that the defacto complainant has lodged a false complaint against the petitioners and they have not committed any such offence.

4. The learned Government Advocate (Crl. Side) submitted that the respondent police has filed absconding charge sheet in this case and the same has been taken cognizance in C.C.No.75 of 2016 and the case is now posted for the appearance of the accused.

5. Considering the facts and circumstances of the case and taking note of the fact that the charge sheet has already been filed in this case, I am inclined to grant anticipatory bail to the petitioners with the following conditions.

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 Judicial Magistrate,

S.VAIDYANATHAN, J.

vrc Tiruchengode, Namakkal District, 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 report before the said Magistrate daily at 10.30 a.m. until 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 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]. 14.06.2016 vrc CRL.O.P.No.11713 of 2016