Neru @ Nehru And Others vs State

G.Ilangovan, J

The petitioners/Accused No.1 to 6, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 324, 427, 506(ii) I.P.C., in Crime No.50 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the when first accused was riding his two wheeler and came like wise to hit the son of the defacto complainant, the same was questioned by the son of the defacto complainant, for which, the 1st accused used filthy and abusive language and attacked the defacto complainant's son with deadly weapons and other accused caused damage to the windows and mirrors of the defacto complainant's house. Hence, the complaint.

The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case and counter case. Upon the very same occurrence, two First Information Reports have been registered that one is the present Crime No.50 of 2023 and another is Crime No. 49 of 2023, which is registered upon the complaint given by the petitioners' party. In both the cases, injured have been discharged from the hospital. The first and second petitioners are having one previous cases each and others have no previous cases in their credit.

Considering the nature of offence, it is a case and counter case, the injured persons in both the cases have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Aranthangi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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.