Sadha Priyan vs State

K.K.Ramakrishnan, J

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351(2) of BNS, 2023, in Crime No.57 of 2026, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that prior to the occurrence on 13.02.2026, there was a dispute between the petitioner's family and the defacto complainant and the defacto complainant made a complaint against the petitioner's family. Therefore, the petitioner allegedly trespassed into the house of the defacto complainant and abused and criminally intimidated him and caused injuries.Therefore, the respondent police registered a case in the above stated crime number for the above said offence.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. The petitioner is not the accused in earlier crime number and he never assaulted he defacto complainant. Due to the dispute between his family and the defacto complainant, this false case has been registered. Hence, he seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent, on instructions, would submit that, the petitioner criminally intimidated the defacto complainant to withdraw the complaint made against his family member and caused injuries. He also submitted that the injured was also discharged from the hospital. Hence, in view of the special circumstances of the case, he seeks dismissal of this petition.

5.Since the injured person has been discharged from the hospital, and as the petitioner is not an accused in any earlier case and has no prior criminal antecedents, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.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, Illaiyankudi, Sivagangai District within a period of fifteen days from the date on which the order 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 daily at 10.30 a.m., for a period of fifteen days (15 days) and thereafter, as and when required. [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.