← Library
Madras High CourtCRL OP/13651/2016granted

Dinesh, v. The State Rep. By Inspector

2016-07-04Honourable Mr Justice S. Vaidyanathan2 pages

CRL.O.P.No.13651 of 2016 S.VAIDYANATHAN, J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(ii) IPC in Crime No.304 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 when the defacto complainant met his friend in the hotel, two persons chased one Gopi with sickle and the defacto complainant was attacked. Hence, this complaint.

3. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case. It is a case in counter.

4. The learned Government Advocate (Crl. Side) submitted that no one was injured. It is a case of criminal intimidation.

5. Considering the facts and circumstances of the case and taking note of the fact that no one was injured, this court is inclined to grant anticipatory bail to the petitioners. 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 Judicial Magistrate, Paramathi, Namakkal District, on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum to

S.VAIDYANATHAN, J.

gv 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 conditions 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 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.13651 of 2016