Vicky @ Vignesh Kumar v. The State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 191(2), 126(2), 296(b), 115(2), 118(1) and 351(3) of the Bharatiya Nyaya Sanhita (BNS) Act, in Crime No.413 of 2024 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 31.10.2024, the petitioner along with other accused waylaid the de-facto complainant and abused him using filthy language and attacked them with hands and hurled the brandy bottle on de-facto complainant due to which, he sustained simple injury on his leg. Hence the case.
3. The learned Counsel for the petitioner would submit that the petitioner is innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent while opposing grant of anticipatory bail to the petitioner would submit that due to wordy quarrel, the petitioner along with other
accused waylaid the de-facto complainant and attacked him with hands and he sustained simple blood injury on his leg and two of them have been injured and the injured has been discharged from the hospital. No previous case is pending against the petitioner.
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 also of the fact that the the co-accused already arrested and released on bail and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.
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 on which the order copy made ready, before the learned XIV Metropolitan Magistrate Court, Egmore, Chennai - 08, on condition that the petitioner 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 petitioner 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 petitioner shall report before the respondent Police, everyday at 06.30 p.m., until further orders;
[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 abscond, a fresh FIR can be registered under Section 269 BNS.
14.11.2024 nvi
A.D.JAGADISH CHANDIRA , J.
nvi 14.11.2024