Allimuthu And Other vs State

T.V.Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 09.01.2023 for the alleged offences punishable under Section 379 of IPC in Crime No.5 of 2023 on the file of the respondent Police, seek bail.

2.The case of the prosecution is that the petitioners along with other accused have committed theft of the defacto complainant's two wheeler bearing Registration No.TN 29 CY 4372. Hence, the complaint.

The learned Counsel for the petitioner submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the properties have been recovered. He further submitted that the petitioners are prepared to abide by any stringent conditions that may be imposed by this Court and he is in judicial custody from 09.01.2023. Hence, he prays for grant of bail to the petitioners.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioners along with other accused has committed theft of two wheeler of the defacto complainant. He further submitted that the vehicle has been recovered and there is no previous case pending against the petitioners. He also submitted that the investigation has almost been completed. However, he vehemently opposed to grant bail to the petitioners.

5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioners and also of the fact that the vehicle has been recovered and the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, out of which, one must be a blood related surety each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Attur 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 petitioners shall report before the respondent Police on alternative days at 10.30 a.m., for a period of two months;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.