Maruthupandi @ Maruthupandi vs State

V. Sivagnanam, J

The petitioner, who was arrested and remanded to judicial custody on 02.11.2023 for the alleged offence punishable under Section 341 IPC and Section 21(1A) of the Arms Act, 1959 in Crime No.357 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 02.11.2023 the petitioner and another accused had waylaid the defacto complainant and threatened him with deadly weapons. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 02.11.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioner is having three previous cases. However, he would fairly submit that no one was injured in the alleged occurrence.

5.Heard both sides and perused the materials available on record.

6.Considering the nature of allegations made against the petitioner and also considering the period of incarceration and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40, this Court is inclined to grant bail to the petitioner.

7.Accordingly, the petitioner is ordered to be released on bail on condition to execute a own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) subject to the satisfaction of the learned Judicial Magistrate, Thiruvaiyar and on further conditions that:

(i) the petitioner shall appear before the trial Court on receipt of summons (ii)the petitioner shall not tamper with evidence or witness;

(iii)the petitioner shall not abscond during trial.

(iv) 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].

v)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.