Madras High CourtCRL OP/5321/2016granted

Pandiyan, v. The Station House Officer,

2016-03-16Honourable Mr Justice K. Kalyanasundaram2 pages

Crl.O.P.No.5321 of 2016 K.KALYANASUNDARAM, J.

The petitioner, who is arrayed as A4, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 307, 341, 324 and 323 IPC r/w.149 IPC, in Crime No.1 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that due to previous quarrel between the petitioner and the defacto complainant, the petitioner attacked the defacto complainant and caused injuries.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that Accused 3, 5, 7 and 8 were already arrested and released on bail and Accused 1, 9 and 10 were also released on Anticipatory Bail by this Court in Crl.O.P.No.977 of 2016 in Crl.O.P.No.3497 of 2016 respectively.

4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured has been discharged from the hospital and the petitioner already has three previous cases.

5. Considering the above facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

K.KALYANASUNDARAM, J.

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6. Accordingly, the petitioner/A4 is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate III, Puducherry and on his 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 further condition that the petitioner shall stay at Karaikkal and shall report before the Karaikkal Town Police Station twice daily i.e. 10.00 a.m. and 6.00 p.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. The petitioner 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.

16.03.2016 kal Crl.O.P.No.5321 of 2016