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Madras High CourtCRL OP/13771/2016granted

Kaviarasu v. The State Rep. By

2016-07-01Honourable Mr Justice S. Vaidyanathan2 pages

CRL.O.P.No.13771 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 341 & 506(i) I.P.C. in Crime No.140 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 there was a wordy quarrel between the petitioner and the defacto complainant and in the melee, the petitioner assaulted the defacto complainant and also abused him in a filthy language.

4. Learned Government Advocate (Crl. Side) submitted that the injured has been treated as out-patient.

5. In such circumstances, 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, Sathyamangalam, Erode District, subjecting to the following conditions: (i) the petitioner shall execute 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 Magistrate concerned;

S.VAIDYANATHAN,J.

aeb (ii) 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;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iv) the petitioner 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].

01.07.2016 ssn/aeb CRL.O.P.No.13771 of 2016