Ajass v. State Rep. By Its,

P.DHANABAL, J.

The petitioners apprehend arrest for the alleged offences under Section 296(b), 118(1), 351(3) of the BNS, 2023 in Crime No.385 of 2024, on the file of the respondent police seeks anticipatory bail. 2.

The case of the prosecution is that the 1st petitioner is running a meat shop and the complainant is running a Biriyani Shop. The complainant purchased the meat from the 1st petitioner as credit basis then. Thereafter, the complainant stopped to purchase the meat from the 1st petitioner's shop. He has a Rs.47,000/- credit to the 1st petitioner initially. Thereafter, he paid Rs.10,000/- to the 1st petitioner and has to pay Rs.37,000/- balance amount to the complainant. Hence, the 1st petitioner asked the complainant to repay the balance amount, at the time a wordy quarrel arose between them. Suddenly, the 1st petitioner took the stone and beaten the complainant and caused injuries. 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 1/5

implicated in this case. The learned counsel for the petitioners further submitted that the first petitioner along with other accused went to the complainant shop and asked to pay the amount. At the time, the complainant used unparliamentary words against the petitioners and attacked the petitioners by utensils and caused injuries. The complainant has filed complaint before the respondent police in order to avoid the petitioner's complainant. 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 due to some dispute of business transactions, the complainant and the petitioners have assaulted each other and caused injuries and further, considering the gravity of offence, he opposed for grant of anticipatory bail to the petitioner. 5.

Considering the representations made by both sides and considering the nature of offences charged against the petitioners and also considering the fact that injured was discharged from hospital and there is 2/5

dispute between the parties in respect of business transactions and there is also a case in counter, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.

Accordingly, the petitioners is 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 Court, George Town, 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 facts of the Court or to any police officer.

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[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.

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P.DHANABAL, J.

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