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Judgment
C.V.Karthikeyan, J
The petitioner/A2, who was arrested and remanded to judicial custody on 18.02.2024 for the offences registered by the respondent Police under Sections 294(b), 324 and 506(ii) of IPC r/w Section 4 of TNPWH Act, in Crime No.40 of 2024, seeks bail.
2.It is stated that a counter complaint had been filed in Crime No.39 of 2024.
3.The case of the prosecution is that owing to a quarrel, the accused had assaulted the defacto complainant.
4.The learned Government Advocate (crl.side) stated that the injured had been discharged from the hospital.
5.Taking that particular factor into consideration and the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions:
6.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 sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Portonovo 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 everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.