Zaheer Ahmed v. The State Rep By Its,

Crl.O.P.No.29881 of 2024 SUNDER MOHAN, J.

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(B), 115(2), 351(2) of BNS r/w 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.707 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, a wordy quarrel arose between the petitioner and the defacto complainant, as a result of which, the petitioner attacked the defacto complainant, caused injuries to him and threatened him with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against the petitioner. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) would submit that due to previous enmity, there arose a wordy quarrel between the petitioner and the defacto complainant. As a result of which, the petitioner attacked the defacto complainant and caused injuries to him He would further submit that the petitioner has two previous cases pending against him for the offences under Sections 294(b) and 506(ii) of IPC and the investigation is pending. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case, the nature of the allegation and since custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, he 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, Vaniyambadi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of two weeks and thereafter on 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;

[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. 29.11.2024 Lpp

SUNDER MOHAN, J.

Lpp Crl.O.P.No.29881 of 2024 29.11.2024