Iliyas And Others vs State

T.V.Thamilselvi, J

The 1st petitioner, who was arrested and remanded to judicial custody on 25.09.2022 and the 2nd petitioner, who was arrested and remanded to judicial custody on 08.10.2022 for the offence under Sections 120(B), 153A, 436 and 511 IPC and Section 3 of Explosive Substances Act, 1908 in Crime No.6 of 2022 on the file of the Inspector of Police, SID-CBCID, Coimbatore, seek bail.

The case of prosecution is that there are totally eight accused in this case, in which the petitioners are arrayed as A2 and A4. The case of the prosecution is that on 23.09.2022 at about 08.58 p.m., the petitioners along with other accused threw petrol bomb into the house of the defacto complainant and fled away from the place of occurrence along with other accused. Hence, the complaint.

The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would submit that there was no injury at the scene of occurrence and that the 1st petitioner is in custody from 25.09.2022 and the 2nd petitioner is in judicial custody from 08.10.2022. Hence, he prayed to grant to the petitioners.

The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioners along with other accused threw petrol bomb into the house of the defacto complainant and escaped in a two wheeler. He would submit that all the other accused have been arrested and they are still in jail. He would submit that the investigation is almost completed and if they are released on bail, they would hamper the investigation and tamper the witnesses.

Considering the nature of allegation against the petitioners and considering the period of incarceration undergone by the petitioners and that the investigation is almost completed, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are 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 Court No.VII, Coimbatore 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 petitioners shall stay at Tiruvannamalai and report before the Town Police Station, Tiruvannamalai daily at 10.30 a.m., for a period of two months and thereafter, appear before the respondent police on every Saturday at 10.30 a.m., for another period of three months;

[c]the petitioners shall not tamper with evidence or witness during trial;

[d]the petitioners shall not abscond during investigation/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 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.