Gowtham v. State Rep By

A.D.JAGADISH CHANDIRA, J.

The petitioners/Accused No.1-3, 5-6 & 8-11, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 126(2), 118(1) & 351(3) of BNS, 2023, in Crime No.244 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, during Diwali Festival Celebration, the petitioners are said to have assaulted the de facto complainant. Hence the case.

3. The learned counsel for the Petitioners would submit that the Petitioners are innocent and they have been falsely implicated in this case. He would further submit that there is a case in counter in Crime No.243 of 2024. He would further submit that the Petitioners are ready to abide by any condition that may be imposed by this Court. Hence, he prays for

grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that during Diwali Festival Celebration, there was wordy quarrel between the petitioners and the de facto complainant and the petitioners assaulted the defacto complainant. He would further submit that there is a case in counter, and the first accused has got three previous cases and the other accused have got one previous cases against them. Therefore, he opposed for grant of anticipatory bail to the petitioners.

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Taking into consideration of the fact that the incident had occurred during Diwali Festival Celebration and also that there is a case in counter, this Court is inclined to grant anticipatory 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 on which the order copy made ready, before the learned Judicial Magistrate, Sendamangalam, on condition that the Petitioners shall execute a separate 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 Petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;

[b] the Petitioners shall report before the respondent police everyday 10.30 a.m., until further orders;

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

A.D.JAGADISH CHANDIRA, J.

mac [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.

07.11.2024 mac