Prasanth vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 05.11.2022 for the alleged offences punishable under Sections 341, 307 and 506(ii) of I.P.C. in Crime No.830 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that on 05.11.2022 at about 11.00 a.m., while the defacto complainant selling fruits in his shop near Tambaram sub-way, the petitioner said to have bought fruits and refused to pay the money and also tried to attack him. 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 further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 60 days from 05.11.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is the sole accused and one previous case Sec.302 I.P.C. is pending against him. He would submit that the investigation is almost completed and 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 the 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, each for a like sum to the satisfaction of the learned Judicial Magistrate Court at Tambaram 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 stay at Salem and report before the Town Police Station, Hasthampatty, daily at 10.30 a.m. for the period of six weeks and thereafter, he shall appear before the respondent police daily at 10.30 a.m. for another 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 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.