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Madras High CourtCRL OP/12044/2016granted

Thangaraj v. The Inspector Of Police

2016-06-13Honourable Mr Justice S. Vaidyanathan2 pages

CRL.O.P.No.12044 of 2016 S.VAIDYANATHAN, J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 435, & 506(i) of IPC in Cr.No.163 of 2016 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel, the petitioner had set fire to the shed of the defacto complainant. Hence, a case had been registered.

3.Learned counsel for the petitioner submitted that he has been falsely implicated in this case.

4.Learned Government Advocate (Crl.side) submits that the investigation is in progress and the damage had not yet been assessed.

5. Considering the fact that the petitioner had set fire and caused damages to the shed, I am inclined to grant anticipatory bail to the petitioner by imposing stringent conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of their 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, Kangeyam on each of them executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who

S.VAIDYANATHAN, J.

smi intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Cr.No.163 of 2016 before the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter 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 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].

13.06.2016 smi CRL.O.P.N0.12044 of 2016