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Madras High CourtCRL OP/218/2016granted

Mr.Kubendran v. State By

2016-02-23Honourable Mr Justice K. Kalyanasundaram4 pages

Crl.O.P.No.218 of 2016 K.KALYANASUNDARAM, J.

The petitioners, who are arrayed as accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under section 354 of IPC and Section 12 of POSCO Act, in Crime No.13 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the first accused alongwith his brothers were residing in the opposite house of the defacto complainant and about two years ago, the first accused entered into the house of the defacto complainant and slept near her daughter. Moreover, the accused followed her daughter, on the way to school and commented her indirectly.

3. The learned counsel for the petitioners submitted that the first petitioners is a student of MBA in Premier Institute, Vellore and that there was a group clash in his village and the present complaint was given on 20.12.2015 alleging that the accused made some comments on 10.11.2015. The learned counsel further submitted that the 2nd & 3rd petitioners are friends of the first accused and they have been falsely implicated in this

case.

4. The learned Government Advocate (Crl.Side) appearing for the respondent opposed the anticipatory bail petition stating that the daughter of the defacto complainant is studying 10th standard and the accused followed her and made some comments.

5. Considering the above facts and circumstances of the case , this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Thiruvallur and 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 learned Magistrate concerned and on further condition that the first petitioner shall stay at Vellore and report before the Vellore Taluk Police Station daily at 06.00 p.m. for a period of two weeks and thereafter, as and when required. As far as petitioners 2 and 3 are concerned, they shall stay at Kancheepuram and report before the

Vishnu Kanchi Police Station daily at 06.00 p.m., for a period of two weeks and thereafter, as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. 23.02.2016 rgr

K.KALYANASUNDARAM, J.

rgr Crl.O.P.No.218 of 2016 23.02.2016