Anusanthan v. State Rep.By

A.D.JAGADISH CHANDIRA,J.

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 121, 351(3) and 132 of B.N.S. in Crime No.222 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner/A2 along with A1, attempted to enter into a Dam and picked up a quarrel with the staff of Public Works Department and also caused him simple injuries. Hence, this case.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, prayed for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the grant of anticipatory bail to the petitioner stating that the petitioner along with the arrested accused/A1 attempted to 1/4

enter into a Dam and picked up a quarrel with the staff of Public Works Department and also caused him simple injuries. However, he submitted that there is no previous case against the petitioner. 5.Heard the learned counsel for the petitioner, the learned Advocate (Crl. Side) appearing for the respondent police and also perused the materials available on record.

6. Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side and also considering the fact that there is no previous case against the petitioner, 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-II, Udumalpet, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their 2/4

photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 06.30 p.m. for a period of two weeks and thereafter, on every Saturday at 06.30 p.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 06.11.2024 ksa-2 3/4

A.D.JAGADISH CHANDIRA,J.

ksa-2 06.11.2024 4/4