Meenu @ Praveen vs State

G.K.Ilanthiraiyan, J

The petitioner was arrested and remanded to judicial custody on 23.05.2022 for the offences punishable under Sections 341, 294(b), 302 and 506(ii) of IPC in Crime No.257 of 2022 on the file of the respondent police, seek bail.

The case of the prosecution is that both the accused persons and the deceased are drug peddlers. It is alleged that there was a dispute in between them, due to which, the petitioner along with other accused waylaid the deceased and attacked him using deadly weapons, due to which, the deceased sustained grievous injuries all over his body and died. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that some of the accused in this case were already granted bail. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) already this Court dismissed the petitioner's bail petition in Crl.O.P.No.19435 of 2022 dated 17.08.2022. Hence, he opposed for grant of bail to the petitioner.

Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of arrest i.e., 23.05.2022, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing separate 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 Metropolitan Magistrate, No.V, Egmore 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 report before the respondent police twice daily at 10.30 a.m. and 5.30 p.m., for a period of four weeks and thereafter as and when required for interrogation.

[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 abscond, a fresh FIR can be registered under Section 229A IPC.