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Judgment
The petitioner apprehends arrest for the alleged offences under Sections 296(b), 115(2), 118(1), 109(1) and 351(3) of BNS in Crime No.0411 of 2026 on the file of the respondent police seeks anticipatory bail.
The case of the prosecution is that the defacto complainant’s friend had lent her two-wheeler to A3. Upon the return of the vehicle, it was discovered that a sum of Rs. 20,000/- kept inside the vehicle was missing. Consequently, the defacto complainant’s friend took possession of A3’s mobile phone and demanded the return of her money. Later, when the defacto complainant, along with his friends, went to receive the money and resolve the matter, the accused persons attacked and assaulted them with a knife.
The learned counsel for the petitioner submitted that the petitioner is innocent and a false case has been foisted against the petitioner and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioner.
I have given my anxious consideration to either side submissions.
Considering the nature of the allegations and the fact that no specific allegation has been made against the petitioner in the F.I.R., this Court is of the firm view that the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned XV Metropolitan Magistrate, George Town, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:
If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
The sureties shall affix their photographs and left thumb impression in the application for surety slip (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
The petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required for interrogation;
On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.