Mani v. State By

A.D.JAGADISH CHANDIRA, J.

The petitioners, who apprehend arrest at the hands of the respondent police in Crime No.242 of 2024, on the file of the respondent police, seek anticipatory bail.

2.Heard the learned counsel appearing on behalf of the parties. 3.The case of the prosecution is that due to pathway dispute between the parties there was a quarrel, resulting in which, the de facto complainant sustained injuries. Hence the case.

4.The learned counsel for the petitioners submitted that the petitioners are innocent persons and in no way they are connected with the said offences as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners are ready and willing to abide by any condition that may be imposed on them. 5.The learned Government Advocate (Crl. Side) while opposing for grant of bail to the petitioners submitted that on the date of occurrence there 1/4

was a wordy quarrel between the parties due to a pathway dispute, resulting in injuries to the de facto complainant.

6.Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and taking note of the fact that the incident has happened only during the quarrel in a pathway dispute, this Court is inclined to grant bail to the petitioners 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Vaniyambadi on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), each 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 said Magistrate, on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the first petitioner shall report before the respondent police daily at 10.30 a.m and 06.30 p.m until further orders and the second & third petitioners shall report before the respondent police daily at 06.30 pm until 2/4

further orders;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

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

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

12.11.2024 sai 3/4

A.D.JAGADISH CHANDIRA, J.

sai Dated: 12.11.2024 4/4