Dhilipan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 14.02.2024 for the alleged offence under Sections 147, 148 and 341 of I.P.C. and Sec. 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act in Crime No.660 of 2021 on the file of the respondent police, seeks bail.

The case of prosecution is that on 10.11.2021 around 04.10 hrs., while the defacto complainant, driver of Government bus, driven the bus, at that time, the petitioner along with other accused said to have caused damages to all the glasses in the bus and also they said to have damaged the glass of lorry and car and two wheeler worth about Rs.1,00,000/- by raising slogans against murder of one Thamizharvan. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that the alleged occurrence said to have happened in the year of 2021 and the F.I.R. was lodged against unknown persons, but now he was falsely implicated in this case and arrested by the police. He would submit that he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he will abide by any condition that may be imposed by this court and against him, one previous case pending, for which he was granted bail. He would also submit that the petitioner has been suffering incarceration for more than 57 days from 14.02.2024. On instruction, he would further submit that without prejudice to his right and contentions, he is prepared to deposit/pay some considerable amount. 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 the petitioner. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioner.

Considering the facts and circumstances and also the fact that the investigation is almost completed, one previous case pending against him, for which he was granted bail and considering the period of incarceration undergone by the petitioner for more than 57 days from 14.02.2024, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) as non-refundable deposit to the credit of registered Advocates Clerks Association at Thiruvarur, and on such deposit, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Needamangalam, Thiruvarur District, 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 Sunday at 10.30 a.m. for the 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 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]; and;

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