Prabhu @ Prabu vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b) and 105 of BNS 2023, in Crime No.102 of 2026 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there was wordy altercation between the parties and the accused assaulted and threatened the defacto complainant with dire consequences. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

The learned Government Advocate (Criminal Side) submitted that after registration of the case, the victim died and he opposed for grant of anticipatory bail to the petitioner.

The learned counsel for the intervenor vehemently opposed for granting anticipatory bail to the petitioner and submitted that initially FIR was registered and subsequently the victim died and therafter crime has been converted into Section 304 IPC.

The learned counsel for the petitioner submitted that the petitioner is arrayed as the second accused and he has not attacked the victim and the first accused alone attacked the victim and the overt act of the petitioner is that he pushed the victim.

Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Judicial Magistrate, Thiruvaiyaru, Thanjavur District, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

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

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

[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 is 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 of BNS.