Keerai Thothotta Ashok @ Ashok vs State

P. Dhanabal, J

The petitioner/Accused No.2, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 118(1) and 351(3) of Bharatiya Nyaya Sanhita 2023 in connection with the Cr.No.721 of 2025, seeks anticipatory bail.

The case of the prosecution is that on account of wordy quarrel that arose between the petitioner and the defacto complainant for want of liquor bottle, the petitioner along with other accused is alleged to have assaulted the defacto complainant and inflicted injuries on him and also threatened him with dire consequences. Hence the complaint.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case by the defacto complainant with ulterior motive. He further submitted that the injured has been discharged from the hospital.

The learned Government Advocate (Crl.Side) appearing for the respondent police would contend that the petitioner is A2 and he along with A1 indulged in a wordy quarrel with the defacto complainant, during the course of which, A1 attacked him with a knife and caused injuries on his hand and the petitioner also joined with A1 and attacked him and also threatened him with dire consequences. Further, the petitioner is having 16 previous cases. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

Considering the facts and circumstances of the case and taking note of the nature of the offences alleged against him and the injured has already been discharged from the hospital and though the petitioner was involved in 16 previous cases, he was granted bail in all cases and all the offences are not similar in nature, I am inclined to grant anticipatory bail to the petitioner, subject to certain 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 made ready, before the Judicial Magistrate, Egmore, Thiruvottriyur, 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 conditions that :-

[a] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not commit any offences of similar nature.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Judicial 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 absconds, a fresh FIR can be registered under Section 269 BNS.