M.Vignesh vs Inspector Of Police

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 24.03.2024 for the alleged offence under Sections 147, 148, 294(b), 323, 324, 307 of IPC, in Crime No.221 of 2024 on the file of the respondent police, seeks bail.

The case of prosecution is that the petitioner and other accused persons have wordy quarral near the defacto complainant's agricultural land, due to which, they abused him in filthy language and assaulted with Iron rod and wooden log, thereby the defacto complainant sustained grievous injuries. Hence the complaint.

The learned counsel appearing for petitioner submitted that he is an innocent person, he has not committed any offence as alleged by the prosecution. He would also submit that he has been falsely implicated in this case and he will abide by any condition that may be imposed by this Court and the co-accused also granted anticipatory bail before this Court. He would also submit that the petitioner has been suffering incarceration from 24.03.2024. Hence, he prays for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that due to wordy quarrel the petitioner and other accused persons assaulted the defacto complainant with Iron rod and wooden log and caused grievous injuries. He further submitted that the injured has been discharged from the hospital and the investigation was almost completed and also there is no previous case pending against the petitioner.

Considering the facts and circumstances and the fact that the investigation is almost completed, and there is no previous case pending against him and the victim also discharged from the hospital and the co-accused was granted bail and also considering the period of incarceration undergone by the petitioner from 24.03.2024, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Vanur 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 on every Tuesday and Saturday at 10.30 a.m. for a period of two months;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner 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.