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Madras High CourtCRL OP/12159/2016granted

R.Kuberan v. State Rep By

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

CRL.O.P.No.12159 of 2016 S.VAIDYANATHAN, J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 & 506(i) of IPC in Cr.No.372 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 have picked up quarrel with the defacto complainant who is his neighbour and it is alleged that the petitioners have attacked the defacto complainant with stick and caused injury.

3.Learned counsel for the petitioners submitted that they have been falsely implicated in this case.

4.Learned Government Advocate (Crl.side) submits that the injured has been treated as out patient.

5. Considering the facts and circumstances and the fact that the injured had been discharged from the hospital, 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 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-I, Kancheepuram, on each of them executing a personal bond for a

S.VAIDYANATHAN, J.

smi sum of Rs.10,000/- (Rupees Ten Thousand Only) 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 respondent police station 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].

13.06.2016 smi CRL.O.P.N0.12159 of 2016