Mohan v. The Inspector Of Police

CRL.O.P.No.14955 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294 (b), 323, 341, 353 and 307 of IPC read with Section 4 of Women Harassment Act, in Crime No.506 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 case of the prosecution is that the petitioner is alleged to have abused the defacto complainant in filthy language and threatened him with dire consequences

4. It is the case of the petitioner that he is innocent and they have been falsely implicated in this case.

5. Learned Government Advocate (Crl. Side) submitted that investigation is pending in this case.

6. Considering the facts and circumstances of the case and taking note of the fact that it is a case of criminal intimidation and no one is injured in the incident, this Court of the view that the custodial interrogation of this petitioner may not be required at this stage. Therefore, this Court is inclined to grant anticipatory bail to the petitioners.

S.VAIDYANATHAN, J.

nvi

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 I, Tindivanam, subject to the following conditions: (i) the petitioner shall execute a 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 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].

18.07.2016 nvi CRL.O.P.No.14955 of 2016