Kamalnathan v. The State Rep By Its

CRL.O.P.No.14404 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 323, 324 and 506(ii) in Crime No.109 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that due to wordy quarrel arose in temple festival, the petitioners are alleged to have assaulted the defacto complainant, 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 the injured has been discharged from the hospital.

6. Considering the facts and circumstances of the case, 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 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 III, Thirupattur, subject to the following conditions:

(i) Each of the petitioners executing 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

S.VAIDYANATHAN,J kal 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].

11.07.2016 kal CRL.O.P.No.14404 of 2016