D Rajesh Kumar v. The State Represented By
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 85 of BNS act in Crime No.322 of 2024, on the file of the respondent police, seek anticipatory bail.
2.
The case of the prosecution as per the defacto complainant is that, the petitioners herein are the father-in-law and brother-in-law of the defacto complainant and they along with the husband of the defacto complainant abused and physically assaulted her. Hence, this case. 3.
Learned counsel appearing for the petitioners would submit that petitioners are innocent and have not committed any offence and they have been falsely implicated in this case. He would further submit that the petitioners are the relatives to the defacto complainant and due to family dispute, a false complaint has been lodged against them. He would further submit that the petitioners are ready to abide by any condition, that may be imposed by this Court and also to appear and co-operate for the investigation, therefore, he 1/4
prayed for the grant of anticipatory bail to the petitioners. 4.
Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for granting of anticipatory bail to the petitioners, stating that the petitioners are the brother-in-law and father-in-law of the defacto complainant had abused and physically assaulted the defacto complainant due to a wordy quarrel, arouse out of a family dispute. He would further submit that the petitioners have no previous case. 5.
Heard the learned counsel for the petitioners and 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 considering the fact that the petitioners have no previous case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.
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 V Metropolitan 2/4
Magistrate Court, Egmore, Chennai on condition that the petitioners shall execute a separate 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners 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 petitioners shall report before the respondent police everyday at 10:30 a.m., for a period of one week and thereafter, every Saturday at 10:30a.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.
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A.D.JAGADISH CHANDIRA, J.
stn [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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.
04.12.2024 stn 4/4