M. Ramachandaran, v. State Rep. By Inspector Of

CRL.O.P.No.14517 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(ii) IPC in Crime No.316 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 the petitioners and the defacto complainant are neighbours. There was a wordy quarrel between the petitioners and the de-facto complainant in regard to drawing water from common water tap and in the said melee, the petitioners used unparliamentary language and threated him with dire consequences, resulting which, he got injury.

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.

5.Learned Government Advocate (Crl. Side) on instructions submitted that victim has been discharged from the hospital. 6.Considering the facts and circumstances of the case and also taking note of the fact that the victim has been discharged from the hospital, 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, Hosur, subject to the following conditions: (i)the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten 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.14517 of 2016