K.Suresh Kumar vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 14.11.2022 for the offences punishable under Sections 332 and 34 of IPC and Section 3 of Prevention of Damage to Public Property Act, 1984 in Crime No.79 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that on 03.08.2022 at about 08.30 p.m., near MLA's House in Kottuchery, when the defacto complainant was driving the TNSTC bus bearing Regn.No.TN-68-N-1028, the petitioner/A1 along with A2 who were passengers of the TNSTC bus break open the door mirror of the bus with the help of glass bottle and assaulted the driver and conductor of the bus respectively with hands and caused injuries to them . Hence, the complaint.

The learned counsel for the petitioner would submit that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He would further that the petitioner has been suffering incarceration for more than 27 days from 14.11.2022. Hence he prays for granting bail to the petitioner.

The learned Public Prosecutor (Pondicherry) would submit the when the defacto complainant was driving the TNSTC bus bearing Regn.No.TN-68-N-1028,the petitioner/A1 along with A2 who were passengers of the TNSTC bus break open the door mirror of the bus with the help of glass bottle and assaulted the driver and conductor of the bus respectively with hands and caused injuries to them. He would further submit that investigation was almost completed.

Taking into consideration the facts and submissions made by both counsel and also considering the period of incarceration suffered by the petitioner and the investigation was almost completed, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, 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 Judicial Magistrate-II, Karaikal and on further condition 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 three months;

(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.