AI Structured Summary
Not yet generated for this judgment
Judgment
B.Pugalendhi, J
The respondent police registered a case as against this petitioner in Crime No.273 of 2023 for the offence under Sections 147, 148, 294(b), 302 of IPC and remanded her into judicial custody on 06.09.2023. Therefore, the petitioner has filed this petition seeking bail.
The petitioner is arrayed as A5. Due to previous enmity between the de-facto complainant and the petitioner, the petitioner and the other accused have attacked the de-facto complainant by hitting a car on him and stabbed him till death. Hence, the case.
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. However, he has been arrested and he is languishing in jail for 233 days. Therefore, he prays for grant of bail.
The learned Additional Public Prosecutor appearing for the respondent submits that the investigation has been completed and charge sheet has been filed. Now, the case is pending for committal before the learned Judicial Magistrate No.II, Dindigul in PRC.No.82 of 2023.
Considering the facts and circumstances of the case and the period of incarceration and filing of final report, 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
i) on the petitioner executing 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 Principal District Judge, Dindigul.
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 appear before the learned Principal District Judge, Dindigul, daily at 10.30 a.m. every day until committal proceedings. He has to co-operate for the investigation.
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. He 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.