Abdul Sugarna vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 17.10.2022 for the offence under Sections 436 and 511 IPC and Section 3 of Explosive Substances Act, 1908 in Crime No.446 of 2022, on the file of the respondent police seeks bail.

It is seen that there are totally eight accused in this case, in which the petitioner is arrayed as A3. The case of the prosecution is that on 23.09.2022, the petitioner along with other accused threw petrol bomb into the house of the defacto complainant and escaped in a two wheeler. Hence, the case.

The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that there was no injury at the scene of occurrence and that the petitioner is in custody from 17.10.2022. Hence, he would pray for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner along with other accused threw petrol bomb into the house of the defacto complainant and escaped in a two wheeler. He would submit that all the other accused have been arrested and they are still in jail. Further, there is no previous cases pending against the petitioner and that the investigation has been completed. However, he opposed for grant of bail.

Considering the nature of allegation against the petitioner and considering the period of incarceration undergone by the petitioner and that the investigation has been completed, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing 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 Court No.VII, Coimbatore and on further conditions that:

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

[b] the petitioner shall stay at Thiruvanamalai and report before the Town Police Station, Thiruvanamalai daily at 10.30 a.m., for a period of two months and thereafter, appear before the respondent police on every Saturday at 10.30 a.m., for another three months;

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

[d]the petitioner shall not abscond during investigation/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]; and;

[f]if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.