Naveen vs Inspector Of Police

B.Pugalendhi, J

The petitioner, who was arrested on 11.03.2024 for the alleged offence under Sections 294(b), 323, 324, 427, 506(ii) of IPC and 25(1-A) of Arms Act @ 147,148, 294 (b), 323, 324, 427, 506(ii) of IPC in Crime No.268 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused have attacked the defacto complainant and caused injuries to him, on account of temple festival dispute.

3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner is languishing in jail for the past 24 days. It is the dispute between the first accused and the defacto complainant with regard to the temple festival. However, the petitioner has been wrongly implicated in this case. Therefore, he prays for grant of bail.

4.The learned Additional Public Prosecutor appearing for the respondent submits that no previous case is pending as against this petitioner. The injured person has been discharged from the hospital on 09.03.2024.

Considering the fact that there is no bad antecedent as against the petitioner and taking into consideration of the period of incarceration and also considering that the injured person has been discharged from the Hospital, this Court is inclined to grant bail to the petitioner.

Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:-

i) The petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.I, Thanjavur.

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall report before the Judicial Magistrate Court, Sirkali for a period of fifteen days.

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.