Saraswathi v. The Inspector Of Police

Crl.O.P.No.14662 of 2016 C.T.SELVAM, J.

The petitioners/accused pray for the grant of anticipatory bail under Section 438 of Cr.P.C. subject to the conditions mentioned therein, for the offences punishable under sections 75, 323, 355, 506(i) IPC in Crime No. 263 of 2016 on the file of the respondent police.

2. The defacto complainant is a tenant under the petitioners. The case of the prosecution is that on account of a landlord tenant dispute, the petitioners are alleged to have indulged in a wordy quarrel and attacked the complainant, resulting in registration of the case.

3. Learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) submits that the injured has been treated as out patient in the hospital.

5. On consideration of the facts and circumstances of the case and the submissions made, I am of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned VII Judicial Magistrate, Coimbatore within 15 days from the date of receipt of copy of the order, (i) the petitioners shall be enlarged on bail on each of them executing a personal bond for Rs.10,000/- (Rupees ten thousand only) each with two sureties each for the likesum to their satisfaction;

(ii) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer; and (iii) The petitioners shall be available for interrogation by the respondent police as and when required.

14.07.2016 msr