Prabhakaran vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 28.11.2022 for the alleged offences punishable under Sections 294(b), 307, 324, 392, 397, 506(ii) of I.P.C. in Crime No.881 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that on 27.11.2022 at about 09.00 p.m., when the defacto complainant standing in front of his house along with his friends, the petitioner along with other accused said to have came there in a two wheeler and demanded to pay money to have drinks and on his refusal, they scolded him in filthy language and also assaulted him with wooden log on his left side ear and chest, thereby he sustained injuries and they have also snatched VIVO mobile from his shirt pocket. Hence, the complaint was registered against the petitioner.

The learned counsel for the petitioner submitted that he is no way connected with the offence and he has not at all committed any offence as alleged by the respondent police. He would submit that he has been falsely implicated by the respondent police in this case and he will abide by any condition that may be imposed by this Court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 38 days from 28.11.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 2 accused and the petitioner is arrayed as A1. He would submit that the injured discharged from the hospital and the investigation is almost completed. He would submit that if he is released on bail, he would hamper the investigation and tamper the witnesses Hence, he strongly opposed to grant bail to the petitioner.

Considering the above facts and circumstances and also the fact that injured discharged from the hospital, investigation is almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which, one surety must be a blood surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kancheepuram 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 appear before the respondent police daily at 10.30 a.m. for the period of two months and thereafter, on every Saturday at 10.30 a.m. for another 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 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.