Jahabar Ali vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 22.11.2022 for the offences under Sections 379, 430 of I.P.C. r/w 21(1) of Mines and Minerals (Development of Regulation) Act in Crime No.325 of 2022, on the file of the respondent police, seeks bail.

The case of prosecution is that when the respondent police in routine check-up near Papayanthope Sudukaaddu near Vennattru, they found a two wheeler and on search, they found 4 bags of river sand. Hence, the complaint.

The learned counsel for the petitioner submitted that 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 further submit that he has been falsely implicated in this case and the investigation is almost completed. He would submit that that the petitioner has been suffering incarceration for more than 20 days from 22.11.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) would submit that there is no previous case pending against the petitioner. He would submit that investigation is almost completed and if he is released on bail, he would hamper the investigation and tamper the witnesses. Hence, 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 directed to deposit a sum of Rs.5000/- (Rupees Five Thousand only) as non-refundable deposit to the credit of Tamilnadu Advocate Clerk Association, Chennai. Current Account No.484026006, IFSC No.IDIB000M157, Indian Bank, High Court Branch and on such deposit, 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 District Munsif cum Judicial Magistrate, Needamangalam, 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 Wednesday and Saturday at 10.30 a.m. until further orders.

(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.