Dinesh vs State

T.V.Thamilselvi, J

The petitioner/Accused, who was arrested and remanded judicial custody on 09.03.2022 for the offences punishable under Sections 147, 323, 294(b), 342, 506(i) IPC @ 302 IPC in Crime No.111 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant received a phone call on 09.03.2022 that her son was assaulted by one Radha and others. Hence, he rushed to the spot, where she was informed that her son was taken to Government Hospital, Melur and when she came to the hospital, she was informed that her son died. Hence, the complaint.

3.The learned counsel for the petitioner submits that the petitioner has not committed any offence and his name is also not found in the FIR. He further submits that the second and fifth accused have been granted bail by this Court on 11.05.2022 in Crl.O.P.(MD)No.8614 of 2022.

4.The learned Additional Public Prosecutor appearing for the respondent submits that investigation has almost completed and some of the accused were released on bail.

5.There are totally 11 accused in this case. Investigation has been almost completed with regard to this petitioner and the petitioner is in custody from 09.03.2022.

6.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, Melur.

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three months and thereafter as and when required for interrogation;

(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].