Sivakumar v. The Inspector Of Police

Crl.O.P.No.345 of 2016 K.KALYANASUNDARAM , J.

The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 302 IPC, on the file of the respondent police, in Crime No.687 of 2015 and seek anticipatory bail.

2.The case of the prosecution is that the daughter of the defacto complainant viz., Krishnaveni had lost her husband. While so, on 30.08.2015 at 8.30 pm, when the defacto complainant and her daughter were standing in front of their house, a wordy quarrel arose between the first accused and the victim and thereafter, she was assaulted by the first accused and caused her death.

3.The learned counsel appearing for the petitioners would submit that the petitioners are sons of A1 and there is no allegation against the petitioners in FIR and it is further submitted that the prime accused A1 was arrested and released on bail.

4.The learned Government Advocate (Crl.side) would submit that the statement of the eye witnesses would show that the petitioners have attacked the deceased in a open ground and they attacked her with hands and legs. It is further submitted that the respondent has already completed the investigation and charge sheet has also been laid in this case and the earlier petition in Crl.OP.No.27665 of 2015 was also dismissed on 30.11.2015 in respect of these petitioners.

K.KALYANASUNDARAM , J.

sms 5.Considering the facts and circumstances of the case and also considering the fact that the prime accused was arrested and released on bail, this court is inclined to grant anticipatory bail to the petitioners. 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, Sirkali 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 petitioners shall appear before the respondent police daily at 10.00 a.m until further orders. 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. sms 30.03.2016 Crl.O.P.No.345 of 2016