Jayaprakash And Others vs State

A.D.Jagadish Chandira, J

The petitioners, who were arrested and remanded to judicial custody on 18.07.2022 for the offences punishable under Sections 147, 148, 294(b), 323, 324, 332, 336, 353, 435, 436, 379, 506(ii) of IPC r/w Sections 3, 4, 5 of TNPPDL Act, in Crime No.236 of 2022 and on the file of the respondent Police, seek bail.

The case of the prosecution is that on 17.07.2022, there was a protest in respect of the death of a girl in a school. During such time, the petitioners along with the other accused apart from assaulting the respondent police officials and causing damage to the respondent vehicles and subsequently tresspassed inside the school premises by damaging the compound wall and caused damage to the articles belonging to the school by setting fire. Hence the complaint.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and since, they happen to be the native of the neighbouring village, the petitioners have been falsely implicated in this case. He would further submit that the 2nd petitioner is studying M.Sc- Computer Science in Tirukkoilur College of Arts and Science. Due to this case, the future of the petitioners is now at peril.

He would also submit that the similarly placed accused in Crime No.236 of 2022 have been granted bail by this Court, in Crl.O.P.No.21956 of 2022 vide order dated 14.09.2022. Hence, he prays for grant of bail to the petitioners.

The learned Government Advocate (Crl. Side) appearing for the respondent would submit that during the protest, the petitioners along with the other accused had damaged the compound wall and entered into the school and caused damage to the articles belonging to the school and respondent's vehicles by setting them fire. Hence, he opposed for grant of bail to the petitioners.

At this juncture, the learned counsel for the petitioners would submit that even as per the prosecution, there is no specific allegation as against the petitioners, as if the petitioners had caused damage to the articles belonging to the school and the respondent's vehicles by setting them fire.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioners, this Court is inclined to grant bail to the petitioners.

Accordingly, the petitioners are directed to deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only) each, to the credit of Crime No.236 of 2022 before the Magistrate concerned and on such deposit and production of proof, the petitioners are ordered to be released on bail on their 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, Kallakurichi, 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 Kalpakkam and report before the Inspector of Police, Kalpakkam Police Station, everyday at 10.30 a.m. and 5.30 p.m., for a period of four weeks and thereafter, report before the respondent Police daily at 10.30 a.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.