Esak Hussain And Others vs State

T.V.Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 14.11.2022 for the offences under Sections 147, 148, 294(b), 307 and 506(ii) I.P.C. in Cr.No.722 of 2022, on the file of the respondent police, seek bail.

The case of the prosecution is that on 09.11.2022, the petitioner along with his friends gathered to have drinks, however, one of his friends had drink with outsiders, which was questioned by defacto complainant, thereby, wordy quarrel arose between them, resulting in which, they have assaulted him with hands and also threatened him with dire consequences. Hence, the complaint.

The learned counsel for the petitioners submitted that they are innocent persons and they have been falsely implicated in the above case. He would also submit that they are no way connected with the alleged offence and the injured has been discharged from the hospital. He would submit that the co-accused/A2 was already granted anticipatory bail by this court in Crl.O.P.No.28645 of 2022 dated 22.11.2022. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration for more than 25 days from 09.11.2022. Hence, he prayed to grant bail to the petitioners.

The learned Government Advocate (Crl. Side) would submit that no previous case against these petitioners and the injured has been discharged from the hospital. He would also submit that the co-accused/A2 was already granted anticipatory bail by this court. However, he opposed to grant bail to the petitioners.

Considering the fact that the investigation is almost completed, the co-accused/A2 already granted anticipatory bail by this court and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

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 the learned Judicial Magistrate, Sriperumbudur, 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 Tuesday at 10.30 a.m. for the period of eight weeks.

(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.