S.Mayakannan (A1) v. The State Rep. By

A.D.JAGADISH CHANDIRA , J.

Apprehending arrest in connection with Crime No.382 of 2024 registered for the offences punishable under Sections 127(1), 232, 296(b), 351(1), 351(3), 188(1) of BNS, 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 petitioners are innocent and a false case has been foisted against them due to property dispute. He further submits that the petitioners are 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 Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the petitioners had waylaid the defacto complainant and assaulted him on his face and backside with the cellphone Page No.1 of 4

and threatened him to withdraw the criminal complaint given against the 1st petitioner. He further submits that the 1st petitioner has one previous case and the other petitioners have no previous case. 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, they 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 of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Karimangalam on condition that the petitioners shall execute a bond for a sum of Rs.

[b] the petitioners shall report before the respondent Page No.2 of 4

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 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.

03.12.2024 vv2 Page No.3 of 4

A.D.JAGADISH CHANDIRA , J.

vv2 03.12.2024 Page No.4 of 4