Sathasivam v. State By

Crl.O.P.No. 8 6 9 4 of 2 0 1 6 K. KALYANA S U NDARAM, 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 and 506(i) of IPC, in Crime No.103 of 2016 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that due to property dispute, the first accused attacked the defacto complainant with wooden log on his left leg and right hand, while the other accused attacked him with hands and legs and caused injuries.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case.

4. Mr.M.N.Balakrishnan, learned counsel appearing for the intervenor vehemently opposed this petition and contending that in this case three persons sustained injury and one person has been discharged from the hospital and other two persons taking treatment in the hospital. 5.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the case and counter case and the injured have been discharged from the hospital.

K.KALYANA S U NDARAM, J rrg 6.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 petitioners with certain conditions.

7. 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 No.II, Udumalpet, 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 the petitioners shall appear before the respondent police daily at 10.00 am., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8.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. rrg 2 5. 0 4. 2 0 1 6 Crl.O.P.No. 8 6 9 4 of 2 0 1 6