Ekambaram v. State, Represented By,

A.D.JAGADISH CHANDIRA, J.

The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b) and 118(1) of BNS Act in Crime No.625 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that, as per the defacto complainant one Ajay Kumar, the petitioner abused the defacto complainant using filthy language and assaulted him using belt and iron rod. Hence, this case.

3.

Learned counsel appearing for the petitioner would submit that the petitioner is innocent and have not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He also further submitted that the petitioner and the defacto complainant is the son-in-law of the petitioner and due to family dispute between the defacto complainant and petitioner, a wordy quarrel arose between them. He would further submit that the petitioner is ready to produce solvent sureties and to abide with any conditions that may be imposed by this Court and also to appear and co-operate 1/4

for the investigation, therefore, he prayed for the grant of anticipatory bail to the petitioner.

4.

Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for the grant of anticipatory bail to the petitioner, stating that due to family dispute, a wordy quarrel arouse, thereby the petitioner abused and assaulted the defacto complainant. He would further submit that the defacto complainant sustained only simple injuries and discharged form the hospital after four days.

5.

Heard the learned counsel for the petitioner, the learned Government 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, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 District Munsif 2/4

cum Judicial Magistrate, Pallavaram 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 at 10:30 a.m., for a period of two weeks and thereafter, every Saturday at 10:30 a.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.

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A.D.JAGADISH CHANDIRA, J.

stn [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 B.N.S.

19.11.2024 stn 4/4