Allowed

Abinath S v. the State Rep by

Madras HC28 Nov 2024CRL OP/29729/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioners facing charges under the Bharatiya Nyaya Sanhita for assault using a beer bottle. The court imposed conditions including execution of a bond with sureties, daily reporting to police, and non-interference with the investigation, relying on the principles laid down in P.K. Shaji.

What did the court decide?

Anticipatory bail granted with conditions: bond of Rs.15,000 with two sureties, daily reporting at 10:30 a.m., no tampering with evidence or absconding.

Abinath S Vs the State Rep by — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.29729 of 2024

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Crl.O.P.No.29729 of 2024

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A.D.JAGADISH CHANDIRA, J.

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Apprehending arrest in connection with Crime No.555 of 2024 registered for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1), 351(3) of BNS, 2023, the present petition has been filed seeking anticipatory bail.

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The case of the prosecution is that, the petitioners assaulted the defacto complainant using Beer bottle, threatened him and caused injuries. Hence, the case.

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Pleading innocence on the part of the petitioners, false implication

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in the case, learned counsel for the petitioners seeks indulgence of this court. He further submits that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court.

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The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, would submit that, on the date of occurrence, a wordy quarrel arose and the petitioners assaulted the defacto complainant using beer

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.29729 of 2024

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bottle and caused head injury. He would further submit that injured has now been discharged from the hospital and the petitioners has no previous case.

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Having heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Tambaram, on condition that the petitioners shall execute a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;

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https://www.mhc.tn.gov.in/judis

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Page 2 of 4

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Crl.O.P.No.29729 of 2024

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[b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

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[d] the petitioners shall not abscond either during investigation or trial;

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

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28.11.2024

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dsn

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.29729 of 2024

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A.D.JAGADISH CHANDIRA, J.

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dsn

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Crl.O.P.No.29729 of 2024

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28.11.2024

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https://www.mhc.tn.gov.in/judis

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Abinath S v. the State Rep by

Case brief

What is this about?

What did the court decide?

Abinath S v. the State Rep by

Case brief

What is this about?

What did the court decide?

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