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Madras High CourtCRL OP/28621/2024granted

A Anbarasan v. The State Rep By Its,

2024-11-15Honourable Mr Justice A.D.Jagadish Chandira5 pages

A.D.JAGADISH CHANDIRA, J., The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, in Crime No.201 of 2024, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution as per the de-facto complainantDhanush is that on 01.11.2024, during a wordy quarrel, the petitioners assaulted him with sticks and sickle causing injuries to him. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He would submit that even as per the F.I.R, the de-facto complainant is said to have been treated as an out-patient. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing for grant of anticipatory bail to the petitioners, would submit that A1 has got two previous cases, A2 has got one previous case and A3 has got three previous cases.

5. Heard the learned counsel for the petitioners, the learned Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR. 6.Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side and also nature of the offences, this Court is inclined to grant anticipatory bail to the petitioner 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 District Munsif Cum Judicial Magistrate, Vepanthattai, Perambalur District, on condition that the petitioners 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 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 B1 North Beach Police Station, Chennai on everyday at 10.30 a.m. for a period of two weeks and thereafter, the petitioners shall report before the respondent police on every Saturday 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 of B.N.S. 15.11.2024 nvi

A.D.JAGADISH CHANDIRA, J., nvi 15.11.2024