K.Vellaiyan vs State

G.K.Ilanthiraiyan, J

The petitioner, who was arrested and remanded to judicial custody on 07.05.2022 for the offence under Section 392 r/w 397 I.P.C in crime No.282 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 07.05.2022 at 9.30 a.m. petitioner waylaid the defacto complainant and snatched Rs.1000/- from his shirt pocket and robbed his cell phone and also threatened him with dire consequences. Hence, the case was registered against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in the present case and he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that the petitioner waylaid the defacto complainant and snatched Rs.1000 and cell phone from his shirt pocket. Hence, he vehemently opposed to grant bail to the petitioner.

Taking into consideration the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner from the date of his arrest on 07.05.2022, 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 blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Salem 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 stay at Chennai and report before the Egmore Police Station, Chennai daily morning at 10.30 a.m and evening at 5.00 p.m. for a period of two weeks, thereafter, petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner 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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.