Baskar v. The State, Represented By

A.D.JAGADISH CHANDIRA, J.

Apprehending arrest in connection with Crime No.264 of 2024, registered for the offences punishable under Sections 296(b), 118(1), 331(3), 351(3) of BNS Act r/w under Section 4 of TNWH Act, the present petition has been filed seeking anticipatory bail.

2.The case of the prosecution is that the petitioners came to the defacto complainant's house, stood outside, and called for defacto complainant to come out. The petitioners then verbally abused him using very offensive language and subsequently attacked him with stones. As a result of the attack, the defacto complainant was admitted in the Hospital. Hence the case. 3.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seek indulgence of this court. He would further submit that they are ready to abide by any stringent condition that may be imposed by this Court.

4.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for

grant of anticipatory bail, is that the accused persons assaulted the defacto complainant with stones for a financial dispute, due to which the defacto complainant admitted in the Hospital and she has been discharged from the Hospital. He would further submit that there is no previous case as against the petitioners.

5.Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal 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.

6.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 Judicial Magistrate, Sirkali, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intend 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 his Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police on every day 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;

[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 of B.N.S.

25.11.2024 ah A.D.JAGADISH CHANDIRA, J.

ah 25.11.2024