Barath vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 05.12.2022 for the alleged offences punishable under Sections 294(b), 341, 397 and 506(ii) of I.P.C. in Crime No.39 of 2018 on the file of the respondent police, seeks bail.

The case of prosecution is that on 24.01.2018 at about 08.30 p.m., the defacto complainant and his grandson went to DHABA at Rajakulam village, at that time, the petitioner along with other accused waylaid them and also threatened them, and they took a sum of Rs.1300/- at knife point from him. Hence, the complaint was registered against the petitioner.

The learned counsel for the petitioner submitted that the incident happened in the year of 2018, for which, now he was arrested by the respondent police. He would submit that he is no way connected with the offence and he has not at all committed any offence as alleged by the respondent police. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 30 days from 05.12.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that one previous case pending against him. He would submit that the investigation is almost completed and if he is released on bail, he would hamper the investigation and tamper the witnesses Hence, he strongly opposed to grant bail to the petitioner.

Considering the above facts and circumstances and also the fact that one previous case pending against him, the investigation is almost completed, and also considering the period of incarceration undergone by the petitioner, 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 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.II, Kancheepuram 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 appear before the respondent police daily at 10.30 a.m. for the period of two months.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.