Bharath @ Barath vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 26.10.2022 for the offences under Sections 302 I.P.C. and subsequently altered into Sections 120(b), 323, 302, 212 of I.P.C. in Cr. No.657 of 2022, on the file of the respondent police, seeks bail.

The case of prosecution is that due to previous enmity, on 23.10.2022, a wordy quarrel between the petitioner along with other accused and the defacto complainant and they said to have conspired together and committed murder of son of defacto complainant by assaulting him with stones and wooden logs. Hence, the complaint.

The learned counsel for the petitioner submitted that he is no way connected with the offence and he has not at all committed any offence as alleged by the respondent police and the co-accused was released on bail by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 43 days from 26.10.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) would submit that due to previous enmity, the petitioner along with other accused waylaid the defacto complainant's son and attacked him with stones and wooden loges, thereby, his son sustained grievous injuries and died on the way to hospital. 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 opposed to grant bail to the petitioner.

Considering the fact that 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-I, Namakkal, 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 Vellore District and report before the Town Police Station, Vellore at 10.30 a.m. daily for a period of two months and thereafter, he shall appear before the respondent police on every Saturday for another period of three 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.