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Judgment
G.Ilangovan, J
The petitioner, who was arrested on 06.08.2022 for the alleged offences under Sections 147, 148, 341, 294(b), 324, 307, 302 and 506(ii) IPC in Crime No.478 of 2022 in S.C.No.43 of 2023 on the file of the I Additional District Judge, Thoothukudi , seeks bail.
The case of the prosecution is that due to previous motive, the petitioner herein and other accused have attacked three persons out of which Samuel and Durairaj sustained injuries and Ponsenthil Kumar Samuel succumbed to injuries. Hence, the complaint.
The learned counsel for the petitioner submitted that this is the fourth bail petition and the earlier petitions filed by the petitioners were dismissed by this Court. He would further submit that except this petitioner all other petitioners have granted bail by this Court in Crl.O.P(MD).Nos. 18471, 18463 and 19465 of 2023 respectively. He would further submit that the petitioner is in judicial custody from 06.08.2022 and seeks bail.
The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the co-accused have already released on bail and the trial process are going on before the trial Court.
5.Considering the facts and circumstances of this case and also considering the period of incarceration and that the co-accused have already released on bail, this Court is inclined to grant bail to the petitioner with certain conditions.
6.Accordingly, this Criminal Original Petition is allowed and 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 sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thoothukudi, and on further condition that the petitioner shall report before the concerned Court on all hearing dates without fail.
7.If any violation is noticed after filing undertaking affidavit, bail granted by this Court, shall stand automatically cancelled without reference to this Court.
