Dineshkumar vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 16.11.2022 for the offences punishable under Sections 392 read with 397 and 506 (ii) of IPC in Cr.No.353 of 2022 on file of the respondent police, seek bail.

The case of the prosecution is that the petitioner along with other accused waylaid the defacto complainant and snatched the cell phone and taken a sum of Rs.1000/- at knife point and threatened him with dire consequences. Hence the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that he has nothing to do with the alleged offence and the petitioner has been suffering incarceration from 16.11.2022. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (crl.side) submitted that the petitioner along with other accused waylaid the defacto complainant and snatched the cell phone and taken a sum of Rs.1000/- at knife point and threatened him with dire consequences. He further submitted that there are four previous cases similar in nature pending against him. However, he opposed for grant of bail to the petitioner.

5.Heard the learned counsel for the petitioner as well as the learned Government Advpcate (crl.side) for the respondent and perused the entire materials available on record.

Taking into consideration the facts and submissions of the case and the submissions made by the learned counsel and the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate No.V, Coimbatore 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 station on alternative days at 10.30 a.m., for a period of two 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;