Jeeva And Others vs Inspector Of Police

M.Dhandapani, J

The petitioners/Accused, who were arrested and remanded to judicial custody on 15.02.2024 for the offences punishable under Sections 294(b), 506(ii) of IPC and Section 3(a) of Explosive Substance Act, in Crime No.31 of 2024, on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the accused persons are the college students. On 14.02.2024, a special camp was conducted in their college, at that time, the accused did not concentrate on the camp and caused disturbance to the other students, so the complainant asked them to meet the Head of the Department. On the same day at about 4.00 p.m., the accused persons shouted solgan against the complainant by standing in front of the college gate and pelted stones against the college gate and they threatened the defacto complainant with dire consequences. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any allegations as alleged by the prosecution. Actually, the first petitioner was exchanging words with the Watchman of the said college and on noticing the same, the petitioners advised the first accused and also tried to pacify him. But the complainant misunderstood that the petitioners also indulged in shouting solgans against the college and indulged in quarrel with the Watchman. He would further submit that the petitioner is in judicial custody for the past 10 days. Hence, he prays for grant bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners are the college students and they indulged in quarrel with the complainant and threatened him. Further, no previous case is pending against the petitioners. Hence, he has no objection to grant bail to the petitioners.

5.Heard. Perused the materials available on record including the First Information Report.

6.Considering the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners, there is no previous case pending against the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7.Accordingly, this Criminal Original Petition is ordered and 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Musiri, 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 are directed to appear before the respondent police as and when required for interrogation;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.