Dharmaraj vs State

V. Sivagnanam, J

The petitioner / accused, who was arrested and remanded to judicial custody on 24.09.2023 for the alleged offence punishable under Section 447, 294(b), 323, 324, 506(ii) IPC and Section 4 of TNPHW Act @ Sections 447, 294(b), 323, 324, 506(ii), 302 IPC and Section 4 of TNPHW Act, in Crime No.196 of 2023, on the file of the respondent police, seeks bail.

The case of the prosecution is that due to civil dispute, the petitioner herein and other accused have trespassed into the defacto complainant's land and attacked him by using iron rod and hands and caused grievous injuries. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the petitioner is in jail from 24.09.2023 and hence, he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that it is a case of civil dispute and the injured was discharged from the hospital and the investigation of the case is almost completed.

Considering the facts and circumstances of the case and also considering the period of incarceration and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40 and the nature of the offence alleged by the petitioner, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 District Munsif Cum Judicial Magistrate, Aathur and on further conditions that:

(i) the petitioner shall affix his photograph 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.

(ii) the petitioner shall appear before the concerned Court once in a month ie., on 1st working day of every English Calender Month at at 10.30 am until further orders.

(iii)the petitioner shall not tamper with evidence or witness;

(iv)the petitioner shall not abscond during trial.

(v) 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].

vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.