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Judgment
The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(1) & 351(3) of BNS, in Crime No.0158 of 2026 on the file of the respondent police seeks anticipatory bail.
The case of the prosecution is that the de-facto complainant’s husband, while under the influence of alcohol, picked a quarrel with and assaulted the petitioner when he was passing by the place of occurrence on his way home, despite the petitioner’s attempted to pacify him. Hence, the present case was registered.
The learned counsel for the petitioner submitted that the petitioner is innocent and the 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-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioner.
The learned Government Advocate (Criminal Side) submits that the allegations against the petitioner are under investigation and opposed the grant of anticipatory bail to the petitioner.
Considering the facts and circumstances of the case, the nature of the allegations and the materials available on record , this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions.
Accordingly, the petitioner is ordered to be released on anticipatory 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, Pallipattu, 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, daily at 10.30 a.m. until further orders;
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.