Jothi v. The State Rep. By

A.D.JAGADISH CHANDIRA , J.

Apprehending arrest in connection with Crime No.869 of 2024 registered for the offences punishable under Sections 296(b), 118(i), 351(3) BNSS Act, the present petition has been filed seeking anticipatory bail.

2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. Learned counsel for the petitioners would submit that the allegation against the petitioners is that on the date of occurrence, the petitioners scolded the defacto complainant with filthy language and further attacked the defacto complainant and his wife with a wooden log and caused injuries to them. He further submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He also submits that the petitioners is ready to abide by any stringent condition that may be imposed by this Court. 3.The case of the prosecution as putforth by the learned Page No.1 of 4

Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the injured has been discharged from the hospital and that there is no previous case pending against the petitioners.

4. Having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly the petitioners 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvottiyur, 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 said Magistrate, on further condition that:

[a] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioners shall report before the respondent Police daily at 06.30 p.m., until further orders ; Page No.2 of 4

[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 BNS.

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A.D.JAGADISH CHANDIRA , J.

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