S.Prasanth v. State Rep. By

P.DHANABAL,J.

The petitioner/A18 who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 149, 294(b), 323, 324, 307 and 506(ii) of IPC and later it was altered into 147, 148, 294(b), 323, 324, 506(ii), 302 of IPC in Crime No.358 of 2024 seeks anticipatory bail.

2. The case of the prosecution is that on 24.05.2024 at about 23.00 hours, the defacto complainant's brother was attacked by a mob, at that time of pacifying the mob, the complainant also sustained injuries. Immediately, they were hospitalized, where the said Parasuraman died. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He also submits that he is ready to abide by any stringent conditions imposed by this Court. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that prior of final report, absconding charge sheet was

filed and assigned as P.R.C.No.33 of 2024. He further submits that Non Bailable warrant is pending against the petitioner. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Considering the nature of offence, investigation has been completed and absconding charge sheet has been filed against the petitioner and now, the case is posted for committal and considering all other aspects, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Sriperumpudur 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 learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the concerned Jurisdictional court on all working days at 10.30 a.m., until further orders. [b] the petitioner shall not tamper with evidence or witness either 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 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.

30.10.2024 Vv P.DHANABAL, J.

Vv

Crl.O.P.No.27377 of 2024 30.10.2024