Manikan @ Naveenkumar And Others vs State

T.V.Thamilselvi, J

The petitioners who were arrested and remanded to judicial custody on 02.01.2023 for the offence under Sections 147, 148, 294(b), 153-A, 504 of IPC and Section 3 of TNPDL Act in Crime No.6 of 2023, on the file of the respondent police, seek bail.

The case of the prosecution is that the petitioner and others, in the guise of celebrating the New Year, on 01.01.2023 at about 10.30 p.m had quarrel on each other and in the melee had thrown food articles. However, Dr.Ambedkar Statue at Neduvarambakkam Village, Anganvadi Centre had damaged the face and hands of the Statue by stone and beer bottles. Hence, the complaint lodged by VAO.

The learned Counsel for the petitioner submitted that the petitioners are innocent person and they have been falsely implicated in this case and hence, he prays for grant of bail to the petitioners.

The learned Government Advocate (Crl. Side) submits that there are totally eight accused, the petitioners are arrayed as A1 to A6. He further submits that the petitioners damaged the Ambedkar Statue which was recovered. However, he opposed to grant bail to the petitioners.

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

6.Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the charge sheet has been filed and the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of learned Judicial Magistrate Court-II, Ponneri, 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 report before the respondent Police daily on every Tuesday and Saturday at 10.30 a.m., for a period of two months

(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 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;