Senthilkumar v. The Inspector Of Police

CRL.O.P.No.13611 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(ii) IPC in Crime No.205 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police.

3. The defacto complainant is the wife of the first petitioner and the second petitioner is defacto complainant's mother-in-law and the third petitioner is her brother-in-law and the fourth petitioner is the wife of the third petitioner. The case of the prosecution is that the petitioners are alleged to have abused the defacto complainant in filthy language and assaulted her and threatened her with dire consequences.

4. Learned Counsel for the petitioners submitted that the petitioners have not committed any such offence and the defacto complainant has given a false complaint against them in order to harass them.

5. Learned Government Advocate (Crl. Side) on instructions submitted that the victim has been discharged from the hospital.

6. Considering the facts and circumstances of the case and also taking note of the fact that the victim has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

7. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or appearance, within a period of fifteen days from the

S. VAIDYANATHAN, J.

vrc date of receipt of a copy of this order, before the Judicial Magistrate No.II, Salem subject to the following conditions:

(i) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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 Magistrate concerned;

(ii) 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.

(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(iv) the petitioners shall not abscond either during investigation or trial. [v] on breach of any of the aforesaid conditions, the 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]. 05.07.2016 vrc CRL.O.P.NO.13611 of 2016