Anticipatory bail sought for offences under various BNS provisions in an assault case arising from previous enmity; court granted bail with conditions including daily reporting to police and bond with sureties.
Anticipatory bail granted on execution of Rs.10,000 bond with two sureties, subject to conditions including daily police reporting.
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Crl.O.P.No.23496 of 2024
Crl.O.P.No.23496 of 2024
P.DHANABAL, J.
The petitioner apprehends arrest for the alleged offences under Sections 126(2), 296(b), 115(2), 118(1), 324(4), 311, 351(3) of BNS in Crime No.368 of 2024, on the file of the respondent police seeks anticipatory bail.
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Crl.O.P.No.23496 of 2024
4.
for the respondent police submitted that due to previous enmity the petitioner along with other accused trespassed into the house of the defacto complainant and assaulted him. He further submitted that the injured was discharged from the hospital and there are three previous cases pending against the petitioner. Hence, he opposed for grant of anticipatory bail to the petitioner.
nature of offences charged against the petitioner and the the injured was discharged from the hospital and though there are three previous cases against the petitioner, he was released on bail in all the cases, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
Crl.O.P.No.23496 of 2024
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 on everyday at 10.30 a.m until further orders.
[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.
[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].
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Crl.O.P.No.23496 of 2024
P.DHANABAL, J.
vkr
[g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
14.10.2024
vkr
Crl.O.P.No.23496 of 2024
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner for offences under BNS sections despite three previous cases pending against him.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaRelied on¶5
(2005)AIR SCW 5560 · Who else cites this
2 provisions across 1 enactments
Petitioner
Respondent Police
P. Dhanabal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P. Dhanabal
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