The Court emphasized the importance of prior cases being similar in nature and the petitioners' willingness to cooperate in the investigation while granting anticipatory bail.

ORDER

The petitioners apprehend arrest for the alleged offences under Sections

191(2), 191(3), 296(b), 115(2), 118(1), 351(3) and 109(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.773 of 2025 on the file of the respondent police and seek anticipatory bail.

2. It is the case of the prosecution that, due to a property dispute, the petitioners attacked the defacto complainant with a wooden log. Hence, the case.

3. The learned counsel for the petitioners submitted that the injured has already been discharged from the hospital and that the petitioners are ready to abide by any conditions that may be imposed by this Court and to co-operate with the investigation. Hence, he prayed for the grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side), appearing for the respondent police, while opposing the grant of anticipatory bail, reiterated the prosecution case and, upon instructions, submitted that there are two previous cases against the petitioners of similar nature in the years 2016 and 2024.

5. Considering the facts and circumstances of the case, the age of the first petitioner, who is aged about 61 years, and taking note of the submissions made by the learned counsel on both sides, this Court finds that the dispute appears to be a land dispute between the petitioners and the defacto complainant. Though the learned Government Advocate relied upon the previous antecedents of the years 2016 and 2024, it is stated that those cases also arise out of the very same land dispute. Therefore, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on 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 is made ready, before the learned Judicial Magistrate Court, Sankarapuram, Kallakurichi District, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of six weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.