Esakkipandi vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 17.11.2022 for the alleged offences punishable under Sections 395 of I.P.C. in Crime No.1271 of 2022 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 12.11.2022 at 10.40 hours, while the defacto complainant and his friend returning from the work near Karuda Avenue, the petitioner along with other accused said to have wore mask and came by motorcycle and waylaid them and threatened them with dire consequences and also snatched their cell phone. Hence, the complaint.

The learned counsel for the petitioner submitted that this is the second petition seeking for bail and he is no way connected with the offence and he has not at all committed any offence as alleged by the respondent police. He would submit that he has been falsely implicated in this case and co-accused was released on bail. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 30 days from 05.12.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that three previous cases pending against him and he is arrayed as A6. He would submit that co-accused was arrested and released on bail by the lower court. He would submit that the investigation is almost completed and if he is released on bail, he would hamper the investigation and tamper the witnesses Hence, he strongly opposed to grant bail to the petitioner.

Considering the above facts and circumstances and also the fact that co-accused was released on bail by the lower court, the investigation is almost completed, 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 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, Palladam 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 stay at Cuddalore and report before the Town Police Station, Cuddalore daily at 10.30 a.m. for the period of six 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.