Damin @ Damin Leo vs State

A.D.Jagadish Chandira, J

The petitioner, who was arrested and remanded to judicial custody on 15.08.2022 for the offences punishable under Sections 341, 323 & 353 of IPC r/w Section 4(1)(a) of TNP Act, in Crime No.324 of 2022 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 15.08.2022, when the respondent police was conducting raid, the petitioner was found in possession of 4 beer bottles and 24 quarter bottles of Brandy. Hence the complaint.

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

The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner was found in possession of 4 beer bottles and 24 quarter bottles of Brandy and the respondent police seized the same. He would also submit that the petitioner has got 13 previous cases and out of which, one case was ended in conviction. Therefore, he vehemently opposed to grant bail to the petitioner.

Heard both the learned counsel and perused the materials available on record.

Taking into consideration of the facts and circumstances of the case and the submissions made by the learned counsel, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court-II, Pollachi 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 Ramanathapuram District and report before the Inspector of Police, Town Police Station, Ramanathapuram daily at 10.30 a.m., until further orders;

[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.