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Madras High CourtCRL OP/14070/2016granted

Note @ Ravi v. State Rep By

2016-07-06Honourable Mr Justice S. Vaidyanathan2 pages

CRL.O.P.No.14070 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), 447, 323 and 506(ii) IPC & Section 2 & 3 of TNPPDL Act r/w.Section 4 of TN Prohibition of Women Harassment Act in Crime No.565 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 as well as the learned Government Advocate (criminal side) for the respondent. 3.

The case of the prosecution is that due to land dispute, the petitioners along with other persons are alleged to have abused and assaulted the defacto complainant with hands, resulting which, the defacto complainant got injured.

4.

Learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. 5.

Learned Government Advocate (Crl. Side) would submit that it is a case and counter and that the injured has been discharged from the hospital.

6.

Considering the facts and circumstances of the case and also taking note of the fact that the petitioners are willing to abide by any condition and that they are having permanent residence, 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 date of receipt of a copy of this order, before the Judicial Magistrate II, Thiruvallur, subject to the following conditions: S.VAIDYANATHAN,J.

kal (i) Each of the petitioners 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 ; (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].

06.07.2016 kal CRL.O.P.No.14070 of 2016