Raman v. The Inspector Of Police

CRL.O.P.No.14315 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 147, 148, 323, 324, 364(A), 506(i) IPC and Section 3 of PPDL Act in Crime No.72 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 case of the prosecution is that on 10.03.2016, the petitioners along with other accused threatened the defacto complainant to withdraw his nomination in 2016 Assembly Elections and damaged his car. Hence, the defacto complainant lodged a complaint against the petitioners.

4.Learned Counsel for the petitioners submitted that the petitioners have not committed any such offence and they have been falsely implicated in this case. He further submitted that co-accused was granted anticipatory bail by this Court in Crl.O.P.No.12473 of 2016, dated 17.06.2016.

5.Learned Government Advocate (Crl. Side) on instructions submitted that there is no previous case against the petitioners. 6.Considering the facts and circumstances of the case and also taking note of the fact that co-accused was released on anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioners.

S.VAIDYANATHAN.J, kal 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, Vandavasi, Thiruvannamalai District, subject to the following conditions:

(i)the petitioners shall execute a separate bond for a sum of Rs.50,000/- (Rupees Fifty 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].

19.07.2016 kal CRL.O.P.No.14315 of 2016