Nandhakumar vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 05.03.2024 for the alleged offence under Section 328 of I.P.C. in Crime No.61 of 2024 on the file of the respondent police, seeks bail.

The case of prosecution is that on the date of occurrence, the petitioner along with his allies said to have consumed Tapendetol 100 mg tablets illegally without prescription of doctors with the full knowledge that table would cause ill-health leading to the extent of causing death. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that he has an innocent person, he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. 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. He would also submit that the petitioner has been suffering incarceration for more than 41 days from 05.03.2024 and no previous case pending against him. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that with the full knowledge that Tapendetol 100 mg tablets would cause ill-health leading to the extent of death, this petitioner along with his allies consumed it. He would submit that no previous case pending against him. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioner.

Considering the facts and circumstances and the fact that the investigation is almost completed against this petitioner, no previous case pending against him and on considering the period of incarceration undergone by the petitioner from 05.03.2024 for more than 41 days, 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 separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the Judicial Magistrate, Kumarapalayam, 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 daily at 10.30 a.m. for the period of three 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.