Madras High CourtCRL OP/6255/2016disposed of

Udayakumar v. The Inspector Of Police

2016-03-31Honourable Mr Justice K. Kalyanasundaram2 pages

Crl.O.P.No.6255 of 2016 K.KALYANASUNDARAM, J.

The petitioners, who are arrayed as A-7, A-4, A-5, A-3 and A-6 respectively, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 147, 324 of IPC and Section 4 of TNPPDL Act, in Crime No.119 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that there was a wordy quarrel between the petitioners and the de facto complainant, in which, the petitioners attacked the de facto complainant and also damaged his two-wheeler worth about Rs.20,000/-.

3.Learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.Learned Government Advocate [Criminal Side] appearing for the respondent would submit that the fifth petitioner / A-6 has already been arrested by the respondent police. Recording the submission made by the learned Government Advocate [Criminal side], this Criminal Original Petition is dismissed as infructuous as against the fifth petitioner / A-6 is concerned. 5.Learned Government Advocate [Criminal Side] appearing for the respondent further submitted that the first petitioner / A-7 is involved in two previous cases and the petitioners 2 to 4 have no bad antecedents.

K.KALYANASUNDARAM, J.

sri 6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners 1 to 4 with certain conditions.

7.Accordingly, the petitioners 1 to 4 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Kanchipuram 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 deposit Rs.5,000/- [Rupees Five Thousand Only] and the petitioners 2 to 4 shall deposit Rs.3,000/- [Rupees Three Thousand Only] each to the credit of Crime No.119 of 2016 before the learned Magistrate within a period of two weeks from the date on which, the copy of the order is made ready.

The learned Magistrate shall issue notice to the de facto complainant and disburse the amount, without prejudice to the case of the petitioners. The petitioners 1 to 4 shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners 1 to 4 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 8.The petitioners 1 to 4 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. 31.03.2016 sri Crl.O.P.No.