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Madras High CourtCRL OP/14364/2016granted

P.Kasi @ Kasiraja v. State Rep. By

2016-07-11Honourable Mr Justice S. Vaidyanathan2 pages

CRL.O.P.No.14364 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), 323, 324, 427 and 506(ii) in Crime No.168 of 2016 on the file of the respondent police, the petitioner/A18 has come forward with this petition seeking anticipatory bail.

2. Heard the learned counsel for the petitioner as well as the learned Government Advocate (criminal side) for the respondent.

3. The case of the prosecution is that due to wordy quarrel, the petitioner along with others is alleged to have assaulted the defacto complainant and caused injuries.

4. Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case.

5. Learned Government Advocate (Crl. Side) would submit 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 petitioner is willing to abide by any condition and also he is having permanent residence, this Court is inclined to grant anticipatory bail to the petitioner.

7. 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 II, Dharmapuri, subject to the following conditions:

S.VAIDYANATHAN,J.

kal (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 ;

(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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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].

11.07.2016 kal CRL.O.P.No.14364 of 2016