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Judgment
The petitioner, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 126(2), 296(b), 118(1), 351(3) of BNS, in Crime No.471 of 2026, on the file of the respondent police, seeks anticipatory bail.
The case of the prosecution is that there is wordy quarrel arose between the petitioner and the defacto complainant. In which, the petitioner attacked the defacto complainant and caused simple injury. Hence, the case.
The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is in no way connected in the above said incident. Counter case has also been registered. The petitioner is ready to co-operate with the investigation. Hence, he prays to grant Anticipatory Bail to the petitioner.
The learned counsel appearing for the State reiterated the prosecution case and reported that the petitioner has one previous case. Both parties attacked each other. Hence, counter case has also been registered. Investigation in this case is still pending. He opposed grant of anticipatory bail to the petitioner.
Heard both sides and perused the materials available on record.
Considering the rival submissions on either side, the nature of offences charged against the petitioner, though the petitioner has one previous case, injured was discharged from the hospital, counter case has also been registered and also considering all the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.III, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which, the order passed herein shall automatically stand cancelled and on further condition that:
[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks, thereafter, as and when required for interrogation;
[c] the petitioner shall not commit any offences of similar nature.
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Judicial 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S