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Madras High CourtCRL OP/9869/2016granted

Sathiyaraj v. The Inspector Of Police

2016-05-04Honourable Mr Justice P. Kalaiyarasan3 pages

Crl.O.P.No. 9 8 6 9 of 2 0 1 6 P.KA LAIYARA S A N , J.

The petitioners, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 324 and 506(ii) of IPC on the file of the respondent police, in Crime No. 176 of 2016 and seek anticipatory bail.

3. The case of the prosecution is that the accused joined together and assaulted the defacto complainant and caused injuries.

4. Heard both sides.

5. Learned counsel appearing for the petitioners would submit that the petitioners are innocent to the offences, that they have been falsely implicated in the case, that there is a counter-case, that the injured has been discharged from the hospital and therefore, they may be granted anticipatory bail.

6. The learned Additional Public Prosecutor concedes pendency of the countercase.

7. Considering the facts and circumstances of the case and also considering the fact that the counter-case is pending, nature of the offences and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

8.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Ranipet 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 to appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

9. The petitioners shall appear before the concerned Magistrate within a period of three weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

04.05.2016 bbr/srn Crl.O.P.No. 9 8 6 9 of 2 0 1 6