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Madras High CourtCRL OP/15811/2016granted

Mahendran, Age 28 Years, v. State Rep. By

2016-07-27Honourable Mr Justice S. Vaidyanathan2 pages

CRL.O.P.No.15811 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148,294(b), 448, 506(ii) I.P.C., r/w 3(1) of PPDL Act in Crime No.289 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioners trespassed in to the house of the defacto complainant and damaged the household articles and hence, this complaint.

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

4. Learned Government Advocate (Crl. Side) submitted that the petitioners have damaged the household articles of the defacto complainant. It is a case counter.

5.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioners. 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 No.VI, Salem, on each of them executing 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 and on further conditions that:

S.VAIDYANATHAN,J.

gv (a) each petitioner shall deposit a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of Crime No.289 of 2016. [b] 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.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] on breach of any of the aforesaid conditions, the learned 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].

27.07.2016 gv CRL.O.P.No.15811 of 2016