Ganapathi vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 09.10.2022 for the offences under Sections 341, 294(b), 323, 324, 307, 427, 506(ii) of I.P.C. r/w Sec.34 of I.P.C. in Cr.No.684 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that on 08.10.2022, due to previous enmity, while the defacto complainant proceeding in his motorcycle to his house, nearing Denambakkam Vedhapada Salai, the petitioner along with other accused waylaid him and scolded him in filthy language and also threatened him with dire consequences. Hence, the complaint.

The learned counsel for the petitioner submitted that he has not at all committed any offence as alleged by the respondent police and he is no way connected with the offence. He would submit that he has been falsely implicated in this case. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 55 days from 09.10.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) would submit that totally, three accused in this case and all the accused were in custody and one previous case pending against this petitioner. He would submit that the petitioner is arrayed as A2 in this case. However, he opposed to grant bail to the petitioner.

Considering the fact that 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 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 No.II, Kanchipuram, 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 Monday and Friday 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.