Praveen vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 30.09.2022 for the offences under Sections 302, 307 of I.P.C. subsequently altered into Sec.147, 148, 302, 307, 342 I.P.C. in Cr. No.1007 of 2022, on the file of the respondent police, seeks bail.

The case of prosecution is that on the date of occurrence, due to previous enmity, the petitioner along with other accused said to have called the deceased into a vacant land, and indiscriminately assaulted him with knife, thereby murdered him. The defacto complainant also sustained injury in the occurrence. Hence, the complaint.

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 67 days from 30.09.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) would submit that totally, there are eight accused in this case, in which, the petitioner is arrayed as A2 and co-accused A3, A4 and A6 were granted bail. He would submit that this petitioner attacked with knife on the head of deceased and one of accused is absconding and investigation is almost completed. However, he opposed to grant bail to the petitioner.

Considering 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 a 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 No.1 at Alandur, 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 Karur and report before the Town Police Station, Karur at 10.30 p.m. daily for the 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 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.