Eswara Pandian @ Eswara Pandi vs State By, The Inspector Of Police

P. Dhanabal, J

The petitioner who apprehends arrest in the hands of the respondent police for the offences punishable under Section 296(b),115(2), 118(1) and 351(3) of BNSS 2023 in connection with the Cr. No.149 of 2026, seeks anticipatory bail.

The case of the prosecution is that the petitioner and the defacto complainant are neighbours and there was some wordy quarrel between them, due to which the petitioner attacked the defacto complainant and caused injuries to him. Hence the case.

Learned counsel appearing for the petitioner submitted that the petitioner is a innocent and he has not committed any such offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed anticipatory bail for the petitioners.

The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that there are five previous cases pending against the Petitioner. He further submitted that injured has been discharged from the hospital. Hence, he vehemently opposed to grant anticipatory bail to the Petitioner.

Heard both sides and perused the materials available on record.

Considering the rival submissions on either side, nature of offence, considering the fact even though there are five previous cases pending against the petitioner, bail was granted to the petitioner in those case and injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.

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, Harur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum 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 10.00 a.m for a period of four weeks and thereafter as and when required for interrogation.

[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 her from disclosing such facts to 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] 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.