Muniraj And Others vs State

T.V.Thamilselvi, J

The petitioners who were arrested and remanded to judicial custody on 07.02.2023 for the offences punishable under Sections 379 of IPC r/w 136(1)(a), 137 of IPC in Crime No.94 of 2023, on the file of the respondent police, seeks bail.

The case of the prosecution is that, based on the complaint given by one Kirubakaran, Junior Engineer, Operation and Maintenance, TANGEDCO, G.Ariyur, stating that the accused persons damaging 100KVA transformer, and stolen the copper coil containing 150kgs. Hence, the complaint.

The learned Counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the 2nd petitioner's wife running a proprietorship company named Shobana Traders, which indulged in trading the materials like scraps, copper ect., and the 1st petitioner, without knowing the fact that the property was a stolen property, they have purchased the same from the other accused. He also submits that the petitioners have been suffering incarceration from 07.02.2023. He would further submit that the petitioners are ready to deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) to the credit of crime No.94 of 2023. Hence, he seeks to grant bail to the petitioners.

The learned Government Advocate (Crl.Side) submits that the petitioners are arrayed as A5 and A6, have purchased the Copper Coil, which was stoled by other accused, from the transformer belongs to the TANGEDCO containing 150 kgs, out of which 143 kgs were recovered from them. He further submits that investigation is completed. Hence, he opposed to grant bail to the petitioners.

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

Accordingly, the petitioners are directed to deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) jointly to the credit of Crime No.94 of 2023 and on such deposit, the petitioners are ordered to be released on bail on them 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 the learned Judicial Magistrate, Thirukovilur, Kallakurichi District 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 petitioners shall report before the respondent police on every tuesday and Sunday at 10.30 a.m., for a period of three 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.