B.S.Gnaanarubhan, v. State By
Crl.O.P.No.15026 of 2016 S.VAIDYANATHAN,J., The petitioners/accused pray for the grant of anticipatory bail under Sections 294(b), 323, 506(i) of Cr.P.C. and under section 4 of the Prohibition of Harassment of Woman Act, 2002 in Crime No. 408 of 2016 on the file of the respondent police.
2. The case of the prosecution is that the petitioner is alleged to have indulged in a false social status has been projected in the FIR, resulting in registration of the case.
3. Learned counsel for the petitioner submitted that the petitioner is innocent and he has 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. Considering the facts and circumstances of the case and also taking note of the fact that the injured treated as out patient, this Court is of the view that custodial interrogation of the petitioner is not necessary. Therefore, this Court is inclined to grant anticipatory bail to the petitioners.
7. Accordingly, the petitioner is 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, Ariyalur District, subject to the following conditions: S.VAIDYANATHAN, J.
nvi (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 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 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].
18.07.2016 nvi Crl.O.P.No.15026 of 2016