Murali @ Muraligeetha Priyan v. The State Rep By Its,

SUNDER MOHAN, J.

The petitioners/A2 - A5, A8 and A10, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 351(3) and 132 of BNS, 2023, in Crime No.219 of 2024, on the file of the respondent police, seek anticipatory bail. 2.It is the case of the prosecution that on 01.11.2024 at about 8.30 p.m., while the respondent and their subordinates were in patrol duty, they received an information that there was a clash between two groups and when they enquired the injured persons, the petitioners along with others had prevented the respondent from discharging their duty. Hence, the case. 4.The learned counsel for the petitioners would submit that the main accused have been arrested and the petitioners are innocent and they have no previous cases against them and that custodial interrogation of the petitioners is not required for the purpose of investigation. Hence, he prays for grant of anticipatory bail to the petitioners.

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5.Per contra, the learned Government Advocate (Crl. Side) submitted that there are no previous cases against the petitioners and some of the accused were arrested and remanded to custody. However, he vehemently opposed for grant of anticipatory bail.

6.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

7.Considering the fact that the petitioners are first time offenders, the nature of allegations levelled against them and the fact that the custodial interrogation of the petitioners is not required for the investigation, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

[a] 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 Judicial Magistrate No.II, Attur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), each with two sureties (one of the surety shall be either the father or the mother of the 2/4

petitioners), 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[b] the petitioners shall report before the respondent police daily at 10.30 a.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 absconds, a fresh FIR can be registered under Section 269 BNS.

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SUNDER MOHAN, J.

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