Sam Roshan D v. The State Rep By Its,

A.D.JAGADISH CHANDIRA, J.

The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296 (b), 118(1) and 351(2) of BNS, 2023 in Crime No.637 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 10.11.2024, the petitioner in a drunken mood, had abused and attacked the defacto complainant with hands and also threatened him with dire consequences and thereby, the defacto complainant sustained injuries. Hence, the complaint.

3. Learned counsel appearing for petitioner would submit that petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.

Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for the grant of anticipatory bail to the petitioner, would submit that the injured has been discharged from the hospital. He would further submit that there are no previous cases pending as against the petitioner.

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 and also considering the fact that the injured was discharged from the hospital and no previous cases pending as against the petitioner, 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 their appearance, within a period of fifteen days

from the date on which the order copy made ready, before the learned XMetropolitan Magistrate, Egmore, Chennai on condition that the petitioner shall execute a separate 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: [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 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

A.D.JAGADISH CHANDIRA, J., mac 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 mac