Rajkumar v. State The Inspector Of Police,
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 296(b), 118(1), 351(3) BNS Act, in Crime No.224 of 2024 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that due to a wordy quarrel, the petitioners and three unknown persons assaulted the de-facto complainant over a dispute related to parking of the vehicles. Hence the case.
3. The learned Counsel for the petitioners would submit that the petitioners are innocent persons and due to wordy quarrel, a false complaint has been given against them. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) for the respondent while opposing for grant of anticipatory bail to the petitioners submitted that due to a wordy quarrel, the petitioners attacked the defacto complainant and sustained injury and now the de-facto complainant has been discharged from the hospital. The co-accused were already
arrested and released on bail. No previous case is pending against the petitioners.
5. Heard both sides and perused the materials available on record including the FIR.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
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 No.1, Mettur, Salem, 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, out of which, one surety shall be either a father or a mother of the petitioner 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 their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent Police, everyday at 06.30 p.m., until 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 abscond, a fresh FIR can be registered under Section 269 of BNS.
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A.D.JAGADISH CHANDIRA, J.
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