T.H.Shameel Ahmed Khan v. The State By

A.D.JAGADISH CHANDIRA, J.

The Petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 118(1) & 351(3) of BNS in Crime No.447 of 2024, seeks anticipatory bail. 2.Heard the learned counsel appearing on behalf of the parties. 3.The case of the prosecution is that on 24.10.2024 around 11.45 am the de facto complainant attempted to set up a tea stall at the place of the accused and the petitioner resisted the same, while so, there was a quarrel between them, resulting in leg injuries to the de facto complainant. 4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and in no way he is connected with the said offences as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that there is a civil Suit pending between the parties. He further submitted that the petitioner is ready and willing to abide by any condition that may be imposed on him.

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5.The learned Government Advocate (Crl. Side) while opposing for grant of bail to the petitioner submitted that on the date of occurrence there was a wordy quarrel between the parties, resulting in leg injuries to the de facto complainant. He further submitted that the injured was discharged from the hospital and there is no previous case pending against the petitioner.

6.Taking into consideration the facts of the case and the submission that the petitioner has no bad antecedents and the injured was already discharged from the hospital and civil Suit is also pending between the parties, I am inclined to grant anticipatory bail to the petitioner subject to the following 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 of receipt of a copy of this order, before the learned XIV Metropolitan Magistrate, Egmore, Chennai 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 said Magistrate, on 2/4

further condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioner shall report before the respondent police daily at 06.30 p.m for a period of two weeks, thereafter as and when required; [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 BNS.

07.11.2024 sai 3/4

A.D.JAGADISH CHANDIRA, J.

sai Dated: 07.11.2024 4/4