M.Raja v. The State Of Tamilnadu Rep.By

CRL.O.P.No.12789 of 2016 S.VAIDYANATHAN, J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 353, 506(i) IPC in Crime No.362 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 there is a trespass and intimidation from the petitioner and no one got injured in the alleged occurrence.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offences and he is also having permanent residence and therefore, no prejudice would be caused to the prosecution in the event of the petitioner's release on anticipatory bail.

4.

The learned Government Advocate (Crl. Side) on instructions submitted that it is a case where there is no injury at all to anybody and it is stated to be a case of trespass.

5. Considering the facts and circumstances of the case and taking note of the fact that no one is injured in the alleged occurrence, I am inclined to grant anticipatory bail to the petitioner with the following conditions.

6. Accordingly, the petitioner is ordered to be released on

bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the

S.VAIDYANATHAN, J.

vsg learned Judicial Magistrate -II, Salem, on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty 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 conditions that: [a] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

[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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. 20.06.2016 vsg CRL.O.P.No.12789 of 2016