Rajeshwari Vs State Rep.by, the Inspector of Police

registered for the offence punishable under Sections 117(4), 296(b) and 351(2) of BNS, 2023, the present petition has been filed seeking anticipatory bail.

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2.Pleading innocence on the part of the petitioners, false 1/5

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implication in the case, learned counsel for the petitioners seeks indulgence of this court. He submits that due to parking of a car in a land in dispute, a wordy quarrel arose between the petitioners and the defacto complainant on 22.12.2024, in which, the petitioners assaulted the defacto complainant with chappals. He also submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court.

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3.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, is that due to property dispute, the petitioners assaulted the defacto complainant with chappals He would further submit that no previous case is pending against A1 and one previous case is pending against A2 and A3.

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4.Having heard the learned counsel for the petitioners and 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 and accordingly, they are ordered to be released on bail in the event of arrest

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or on their appearance.

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Accordingly, the petitioners are ordered to be released on bail in

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the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Hosur, on condition that the petitioners shall execute a bond each for a sum of Rs.15,000/- (Rupees Fifteen Thousand

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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 their Aadhar card or Bank pass Book to ensure their identity;

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[b]the petitioners shall report before the respondent police everyday at 10.30a.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 BNS.

09.01.2025

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