Lingesh v. The State Rep.By

Crl.O.P.No.28950 of 2024 A.D.JAGADISH CHANDIRA, J.

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, 2023, @ 296(b), 118(1), 109(1) and 351(3) of BNS, 2023, in Crime No.381 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is running a construction Company in the name of NSA Construction and some North Indians have been working under him. While so, on 03.11.2024 at about 9.00 p.m., when the defacto complainant's servants, namely Janarul, Mandal and Rakesh were standing near their house, the petitioner along with the other accused came there and demanded their cell phones, when they refused, the accused scolded them in filthy language and assaulted them with iron rod and caused injuries. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that there is no previous case pending against the 1/4

petitioner and that the injured has been discharged from the hospital. He would also submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side), while opposing the grant of anticipatory bail, would submit that due to wordy quarrel, the petitioner along with the other accused abused the defacto complainant's men in filthy language and assaulted them with iron rod, due to which, they sustained injuries. He would further submit that the injured have been discharged from the hospital and that no previous case is pending against the petitioner.

5. Considering the facts and circumstances, the submissions made by the learned counsel on either side and also taking into consideration the fact that the injured has been discharged from the hospital and that no previous case is pending against him, this Court is inclined to grant anticipatory bail with certain conditions.

[a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the 2/4

date on which the order copy made ready, before the Judicial Magistrate Court, Sriperumbudur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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:

[b] the petitioner shall report before the respondent police daily at 6:30 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 absconds, a fresh FIR can be registered under Section 269 BNS.

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A.D.JAGADISH CHANDIRA, J.

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