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Judgment
The petitioner apprehends arrest for the alleged offence under Section 191(2), 296(b), 115(2), 118(1), 324(4), 351(2) of BNS, in Crime No.340 of 2026 on the file of the respondent police seeks anticipatory bail.
The case of the prosecution is that the accused, along with his friends, came to a hotel in a Kia car bearing Registration No.TN 15 L 0999 and refused to pay the bill after consuming food, claiming that it was not tasty. A verbal altercation ensued, during which the accused allegedly assaulted the de-facto complainant with a water bottle. Thereafter, the accused called his friends, who arrived on a Splendor motorcycle and threatened the de-facto complainant, leading to the registration of the present case.
The learned counsel for the petitioner submitted that the petitioner was innocent and that he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and to co-opearte with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioner.
The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the investigation is still pending. Hence, he strongly opposed the grant of anticipatory bail to the petitioner.
I have given my anxious consideration to either side submissions.
Considering the facts and circumstances of the case, 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 District Munsif Cum Judicial Magistrate, Chinnasalem, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 ship (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, twice daily at 10.30 a.m. and 05.30 P.M., for a period of 30 days 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 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.