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Madras High CourtCRL OP/12537/2016granted

Selvaraj v. State By

2016-06-21Honourable Mr Justice S. Vaidyanathan2 pages

CRL.O.P.No.12537 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), 323, 324 and 506(i) of IPC in Crime No.136 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 due to previous enmity, in a wordy quarrel, the petitioners are alleged to have assaulted the defacto complainant and caused injury and abused him in a filthy language and threatened him.

3. The learned counsel for the petitioners submitted that the petitioners have not committed any such offence and the defacto complainant has lodged a false complaint against the petitioners.

4. The learned Government Advocate (Crl. Side) submitted that the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case and take note of the fact that the injured has been discharged from the hospital, this Court is 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 No.II, Namakkal, Namakkal District, on each of them executing a

S.VAIDYANATHAN, J.

vrc bond for a sum of Rs.10,000/- (Rupees ten Thousand Only) with two sureties each for a like sum to the 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 conditions that: [a] the petitioners shall appear before the respondent police 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].

21.06.2016 vrc CRL.O.P.No.12537 of 2016