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Madras High CourtCRL OP/5333/2016granted

Mahendran v. State Rep. By

2016-03-11Honourable Ms. Justice R.Mala2 pages

Crl.O.P.No.5333 of 2016 R.MALA,J.

The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 341 and 506(i) of I.P.C., in Crime No.139 of 2016 on the file of the respondent police and hence seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel, the petitioners are alleged to have assaulted the defacto complainant with hands and caused injuries.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent person and they have been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail.

4. The learned Government Advocate (crl.side) would submit that the injured has already been discharged from the hospital and the investigation is considerably over and however, he prays for dismissal of this application.

5. Considering the rival submissions made by both sides and also considering the fact that the injured has already been discharged from the hospital and the investigation is considerably over and even though the

R.MALA, J.

rrg petitioners were not arrested, neither they interfered with the investigation nor absconded from the jurisdiction, I am 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 their arrest or on their appearance before the learned Judicial Magistrate, Kangayam, and on each of them executing a separate 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 report before the Court concerned daily at 10.30 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. 11.03.2016 rrg Crl.O.P.No.5333 of 2016