Ananthan @ Anbananthan vs State

G.K.Ilanthiraiyan, J

The petitioner, who was arrested and remanded to judicial custody on 17.07.2022 for the offences punishable under Sections 174 of Cr.P.C later altered into Sections 302, 379, 454, 380, 176, 201 of IPC in crime No.312 of 2022 on the file of the respondent police, seek bail.

The case of the prosecution is that, A1 in this case had borrowed money and jewels from the deceased, thereafter when the deceased demanded to return the money, the petitioner along with other accused murdered the deceased. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

The learned Additional Public Prosecutor submitted that the petitioner also present in the scene of occurrence. Hence, he opposed for grant of bail to the petitioner.

Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of their arrest i.e., 17.07.2022, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Omalur 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 Melmaruvathur and report before Melmaruvathur Town Police Station twice daily at 10.30.a.m., and 05.30.p.m., for a period of four weeks and thereafter report before the respondent police twice daily at 10.30 a.m. and 5.30 p.m., for a period of six weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner 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 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.