Annamalai v. The Inspector Of Police

CRL.O.P.No.14552 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 174 Cr.P.C. r/w. Section 25(1)(a) Arms Act and 9(B) 1(b) of Indian Explosive Substance Act in Crime No.45 of 2016 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police.

3. The petitioner is arrayed as A6 in this case. The case of the prosecution is that when the petitioner along with other accused were making preparation for hunting animals in the forest, their country made gun fired, which caused the death of the deceased.

4. Learned Counsel for the petitioner submitted that it was only a sudden accident and the petitioner has been falsely implicated in this case. He further submitted that the co-accused have been arrested and released on bail.

5. Learned Government Advocate (Crl. Side) also confirmed the fact that the co-accused have been arrested and released on bail.

6. Taking note of the fact that the co-accused have been arrested and released on bail and considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner.

S. VAIDYANATHAN, J.

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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, Palacode subject to the following conditions: (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. until further orders.

(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].

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