Vinoth Kumar K v. The State Rep By Its,

Crl.O.P.No.21291 of 2024 P.DHANABAL, J.

The petitioners apprehend arrest for the alleged offences under Section 341, 294(b), 323, 355, 506(2) and 392 of the Indian Penal Code, 1860 in Crime No.186 of 2024, on the file of the respondent police seeks anticipatory bail.

2.

The case of the prosecution is that the defacto complainant is the owner of Country Boat. His labourers were venturing into sea for fishing. They were trying to take their fishing net from the sea into the boat. Due to fault in gear box, they returned from the sea after took fishing net into the boat as they could not proceed. At that time, the petitioners and another person under the influence of alcohol, obstructed the boat, used the filthy languages and attacked the labourers of the defacto complainant with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are an innocent person and they have not committed any such offence as alleged by the prosecution. The petitioners have been falsely implicated in this case. The learned counsel appearing for the petitioners 1/5

submits that the on 19.06.2023, they along with Viji were venturing into the sea and they spread the fishing net in the sea and returned to the shore. The next day, when they went where they spread the fishing net, they noticed that their fishing net was missing. When they noticed that their fishing net were damaged by the fishing boat owned by the defacto complainant. When the petitioners questioned the same, the defacto complainant's laborers cut the petitioner's fishing net into pieces However, on instructions, the learned counsel further submits that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court and he prays to grant anticipatory bail to the petitioners. 4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioners and another person under the influence of alcohol, obstructed the boat, used the filthy languages and attacked the labourers of the defacto complainant with dire consequences, no one was injured and there is no previous case as against the petitioners, and further, considering the gravity of offence, he opposed for grant of anticipatory bail to the petitioners. 5.

Considering the representations made by both sides and 2/5

considering the nature of offences charged against the petitioners and considering that no one was injured and that there is no previous case is pending against the petitioners and considering that there is a dispute between the parties in respect of fishing, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the XVI Metropolitan Magistrate, George Town Court, Chennai on condition that the petitioners 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 petitioners shall report before the respondent police on every Saturday for a period of four weeks. [b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such 3/5

facts of the Court or to any police officer.

[c] the petitioners shall not leave India without the previous permission of the Court.

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

[e] the petitioners shall make himself/herself available for interrogation by a police officer as and when required. [f] 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].

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

03.09.2024 nsl P.DHANABAL, J.

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