Murugesan v. State Rep.By

CRL.O.P.No.13032 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 341,294(b),323,324,307 and 506(ii) I.P.C. in Crime No.623 of 2016 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that due to a previous enmity, the petitioner attacked the defacto complainant and thereby caused injury.

4. Learned counsel for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case.

5. Learned Government Advocate (Crl. Side) would submit that the petitioner attacked the defacto complainant with knife causing injury to him. He was admitted in the Government Hospital and on 28.06.2016, the injured has been discharged from the hospital.

6.Considering the facts and circumstances of the case and taking note of the fact that the injured has been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the XV Metropolitan Magistrate, George Town, Chennai, on his 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:

S.VAIDYANATHAN,J.

gv (a) the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousands only) to the credit of Crime No.623 of 2016 within a period of 15 days;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] 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 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].

04.07.2016 gv CRL.O.P.No.13032 of 2016