G.Naveen vs State

G.K.Ilanthiraiyan, J

The petitioner /A3 who was arrested and remanded to judicial custody on 20.03.2023 for the offences under sections 147, 148, 341, 294(b), 307 and 302 of IPC in Crime No.101 of 2023 on the file of the respondent police seeks bail.

The case of the prosecution is that there was dispute between the deceased and the accused persons in respect of celebrating adal padal festival and there was a group clash. Hence on 20.03.2023 when the son of the defacto complainant and his friend were coming in a two wheeler all the accused persons restrained them and attacked him with beer bottle and knife. Both of them were taken to hospital, but on the way to hospital the son of the defacto complainant succumbed to injuries, hence the case.

Heard both sides and perused the materials available on record including the First Information Report.

4.It is seen that there are totally 10 accused in this case and the petitioner herein is arrayed as A10. Due to previous enmity in respect of adal padal program there was group clash. In so far as the petitioner is concerned he attacked the deceased with sticks. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood related sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Melur and on further conditions that:

[b] 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.

[c] the petitioner shall report before the respondent police daily at 10.30 A.M. and 5.30P.M., for a period of six weeks and thereafter as and when required for interrogation.

[d] the petitioner shall not commit any offences of similar nature.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.