Ajithkumar v. The State Rep By

P.DHANABAL,J.

The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 307 of IPC in Crime No.163 of 2024 seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant's son and the petitioners/A1 and A5 are working in the same company. During working hours, there was a quarrel arose between them. Due to which, the petitioner along with his friend had stabbed the defacto complainant's son in his head with knife and caused injuries to him. Hence, the case.

3. The learned counsel appearing for the petitioners submits that the He further submits that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution and they were no way connected in this case. He further submits that they are ready to abide by any stringent conditions imposed by this Court. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the

respondent submits that the petitioner along with his friend had stabbed the defacto complainant's son in his head with knife and caused injuries to him. However, the injured has been discharged from the hospital and there are no previous cases against these petitioners. Thereby, he strongly opposed for the grant of anticipatory bail to the petitioners.

5. Heard both side and perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side and also considering the fact that the injured has been discharged from the hospital and there are no previous cases against these petitioners, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Hosur on condition that each of the petitioners shall execute separate bonds 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:

[a] the petitioners shall report before respondent police, everyday at 10.30 a.m., until further orders.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

20.08.2024 Vv P.DHANABAL, J.

Vv 20.08.2024