Crl.O.P.No.24387 of 2024
Crl.O.P.No.24387 of 2024
P.DHANABAL, J.
The petitioner apprehends arrest for the alleged offences under
Section 191(2), 126(2), 296(b), 115(2), 118(1) and 351(3) of BNS in
Crime No.141 of 2024, on the file of the respondent police seeks
anticipatory bail.
2. The case of the prosecution is that due to some wordy quarrel
between the parties, the petitioner along with other accused assaulted the
defacto complainant using stones. Due to which, the defacto complainant
sustained injuries. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the
petitioner is an innocent person and he has not committed any such
offence as alleged by the prosecution. The petitioner has been falsely
implicated in this case. However, on instructions, the learned counsel
further submits that the petitioner is ready and willing to abide by any
conditions that may be imposed by this Court and he prays to grant
anticipatory bail to the petitioner.
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4. The learned Government Advocate (Criminal Side) appearing
for the respondent police submitted that due to some wordy quarrel
between the parties, the petitioner along with other accused assaulted the
defacto complainant using stones. Due to which, the defacto complainant
sustained injuries and two previous cases are pending against the
petitioner and further, considering the gravity of offence, he opposed for
grant of anticipatory bail to the petitioner.
5. Considering the representations made by both sides and
considering the nature of offences charged against the petitioner and
considering that there is a dispute pending between the petitioner and the
defacto complainant in respect of bus route and injured was also
discharged from hospital and though two previous cases are pending
against the petitioner, in that cases also he was released on bail, this Court
is inclined to grant anticipatory bail to the petitioner with certain
conditions.
6. Accordingly, the petitioner is ordered to be released on bail
in the event of arrest or on his/her appearance, within a period of fifteen
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(15) days from the date of receipt of a copy of this order before the
Metropolitan Magistrate No.XIV, Egmore, on condition 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 learned Magistrate concerned and on further
condition that:
[a] the petitioner shall report before the respondent
Police daily at 10.30 A.M for a period of 30 days;
[b] the petitioner shall not, directly or indirectly, make
any inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing such
facts of the Court or to any police officer.
[c] the petitioner shall not leave India without the
previous permission of the Court.
[d] the petitioner shall not abscond either during
investigation or trial.
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Crl.O.P.No.24387 of 2024
[e] the petitioner shall make himself/herself available
for interrogation by a police officer as and when required.
[f] 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].
[g] If the petitioner thereafter absconds, a fresh FIR can
be registered under Section 269 B.N.S.
03.10.2024
nsl
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Crl.O.P.No.24387 of 2024
P.DHANABAL, J.
nsl
Crl.O.P.No.24387 of 2024
03.10.2024
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