Single judge criminal original petition for anticipatory bail where petition was withdrawn by first petitioner, bail granted to second petitioner with strict conditions.
Anticipatory bail granted to second petitioner with bond of Rs.10,000/- and direction to stay at Chengalpet and appear before Magistrate within 15 days.
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Crl.O.P.No.5499 of 2016 K.KALYANASUNDARAM, J.
The petitioners, who are arrayed as A1 and A2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 341, 324 and 506(ii) of IPC on the file of the respondent police, in Crime No. 87 of 2015 and seeks anticipatory bail.
2 . The case of the prosecution is that due to wordy quarrel, the petitioners have attacked the de-facto complainant and caused injuries. 3. Learned counsel appearing for the petitioners would submit that the petitioners have been falsely implicated in this case and they have nothing to do with the alleged offences and they are also having permanent residence and therefore, no prejudice would be caused to the prosecution in the event of the petitioners' release on anticipatory bail.
4. The learned Government Advocate (Crl. Side) would submit that totally there are three accused and the first petitioner is having 5 previous cases and the injured has been discharged from the hospital.
5. Learned counsel appearing for the petitioners seeks permission of this Court to withdraw the petition in respect of the first petitioner and he has also made an endorsement to that effect.
6. In view of the submission and endorsement made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as withdrawn in respect of the first petitioner.
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K.KALYANASUNDARAM, J.
vsg
7 . Considering the facts and circumstances of the case and also considering the nature of the allegation made against the second petitioner, this Court is inclined to grant anticipatory bail to the second petitioner with certain conditions.
6. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned XIII Metropolitan Magistrate, Egmore and on 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 second petitioner shall stay at Chengalpet and report before Chengalpet Town Police Station daily twice at 10.00 a.m and 05.00 p.m., until further orders. The second petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The second petitioner 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.
01.04.2016
vsg
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Crl.O.P.No.5499 of 2016
2 issues framed by the court
Whether to grant anticipatory bail to the second petitioner under Section 438 Cr.P.C.
Whether the first petitioner could withdraw the petition for anticipatory bail.
1 provisions across 1 enactments
K. KALYANASUNDARAM
K. KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
