Ajithkumar vs Inspector Of Police

B.Pugalendhi, J

The petitioner, who was arrested on 06.03.2024 for the alleged offence under Sections 147, 148, 294(b), 323, 324, 386, 506(ii) and 379 of IPC, in Crime No.136 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is running a roofing company and when the accused persons have approached the defacto complainant for putting up some shed, the defacto complainant has refused to do the work. Therefore, the accused persons have abused and assaulted him.

3.The learned counsel for the petitioner submits that the petitioner is an innocent person and his name is not found in the First Information Report. He is languishing in jail for the past 28 days. The co-accused has been granted anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent submits that the victim sustained simple injury and the investigation is under progress.

Considering the fact that the petitioner's name is not found in the First Information Report, this Court is inclined to grant bail to the petitioner.

Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:-

i) The petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.II, Kumbakonam.

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

iv) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.