← Library
Madras High CourtCRL OP/13450/2016granted

Prem @ Premkumar v. The Inspector Of Police

2016-06-27Honourable Mr Justice S. Vaidyanathan2 pages

CRL.O.P.No.13450 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) and 506(ii)IPC r/w 3 (i) of PPDL Act in Crime No.276 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 these petitioners is alleged to have attempted to break the glass pan of the car of defacto complainant, resulting in the registration of a case.

3. Learned counsel for the petitioner submitted that previously there was a wordy quarrel between these petitioners and defacto complainant and thereafter it was amicably pacified and settled between them. Subsequent to the incident, this complaint has been lodged with an intention to take revenge on the petitioners.

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

5. Considering the facts and circumstances of the case and taking note of the fact that the injured is discharged from the hospital, I am 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 Judicial Magistrate, Tiruvarur, on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only)

S.VAIDYANATHAN,J.

gv with two sureties 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 Magistrate concerned and on further condition that: [a] the petitioners 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.

[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 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].

27.06.2016 gv CRL.O.P.No.13450 of 2016