A.Clinton Stanislaus v. The State Represented By

A.D.JAGADISH CHANDIRA , J.

Apprehending arrest in connection with Crime No.820 of 2024 registered for the offences punishable under Sections 191(3), 296(b), 115(2), 118(1), 74 and 351(3) of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, the present petition has been filed seeking anticipatory bail.

2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner is innocent and the incident had happened during the dispute between the neighbours and it is a case and a case in counter. He further submits that the petitioner 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 Government Page No.1 of 5

Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that on 31.10.2024, there was a dispute between the defacto complainant and the accused regarding parking the two wheeler and the same was lead to street fight and due to the incident, both side got injured and hospitalized in Stanley Government Medical Hospital, Chennai. He further submits that the petitioner has got three previous cases and hence, he objected for grant of bail.

4.In reply, learned counsel for the petitioner would submit that out of three previous cases, the petitioner has been acquitted in two cases and one case pertains to the year 2018.

5.Having heard the learned counsel for the petitioner 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 petitioner with certain conditions and 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 XVI Metropolitan Magistrate, George Town, Chennai on condition Page No.2 of 5

that the petitioner 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 petitioner fail 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 06.30 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 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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