Gana Surya @ Jayasuriya v. The State Rep. By

P.DHANABAL,J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 118(1), 351(3) of BNS Act and 4 of TNPHW Act, in Crime No.275 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 08.08.2024 at about 2.00 p.m., the petitioner along with other accused abused and assaulted the defacto complainant with deadly weapons. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that on 08.08.2024 at about 2.00 p.m., the petitioner along with other accused abused and assaulted the defacto complainant with deadly weapons the injured was treated as out patient and that the petitioner has got 4 previous cases for the offence under Section 1/4

506(2) IPC.

5. Considering the submissions of both sides and the fact that the injured was treated as out patient and though the petitioner has got four previous cases, in all the cases he has been released on bail and considering the nature of offences, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned IX Metropolitan Magistrate, Saidapet, Chennai, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police every Saturday at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either 2/4

during investigation or trial;

[c] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate / Trial Court himself as laid down by the Hon'ble Supreme Court in P.K. Shaji v. State of Kerala [(2005) AIR SCW 5560].

[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the B.N.S 23.08.2024 ksa-2 To 1.The IX Metropolitan Magistrate, Saidapet, Chennai. 2.The Inspector of Police, J-1 Saidapet Police Station, Chennai District. 3.The Public Prosecutor, High Court, Madras-600 104. 3/4

P.DHANABAL,J.

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