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Madras High CourtCRL OP/5417/2016granted

K.L.Palani v. The Inspector Of Police

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

Crl.O.P.No.5417 of 2016 R.MALA, J.

The petitioners, who are arrayed as A-4 to A-6, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148 and 506[i] of I.P.C. r/w Section 3 of TNPPDL Act, in Crime No.43 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to a dispute between two community, the petitioners and others are alleged to have damaged the de facto complainant's petty shop worth about Rs.5,000/-, resulting in the registration of the case.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail. 4.The learned Government Advocate (criminal side) would submit that the petitioners and other accused have damaged the de facto complainant's petty shop worth about Rs.5,000/- 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 investigation is considerably over and even though the 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.

R.MALA, J.

sri 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, Pallipattu and on 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 each petitioner shall deposit a sum of Rs.2,500/- to the credit of Crime No.43 of 2016 before the learned Judicial Magistrate, Pallipattu, within a period of two weeks from the date on which, the copy of the order is made ready 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 sri Crl.O.P.No.5417 of 2016