Balan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 26.03.2024 in Crime No.774 of 2024 registered for the alleged offences punishable under Sections 448,326,506(i) of IPC altered to 448,326(A), 506(i) of I.P.C seeks bail.

The case of the prosecution is that the petitioner and the defacto complainant are brothers and there was previous enmity between them, due to which the petitioner throwed acid in front of the defacto complainant and caused injuries to him. Hence the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is a innocent person and he has been falsely implicated in this case. He further submitted that he is ready to abide any condition even to deposit any amount to the credit of crime number and hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) stated that the injured was discharged from the hospital.

5.Considering the submissions made by the learned counsel on either side and also of the fact that the petitioner is ready to deposit any amount a to the credit of crime number, 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 (Out of which, one must be a blood related surety) each for a like sum to the satisfaction of the learned Judicial Magistrate, Gudiyatham 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 report before the respondent police on every Tuesday and Saturday at 10.30 a.m., for a period of three months and thereafter, as and when required for interrogation;

[c] the petitioner shall deposit a sum of Rs.20,000/-(Rupees twenty Thousand Only) to the credit of Crime No.774 of 2024 within a period of three weeks before the learned Judicial Magistrate, Gudiyatham and on such deposit, the learned Judicial Magistrate, Gudiyatham may hand over the said amount to the defacto complainant.

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] 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];

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