Raja And Others vs Inspector Of Police

V. Sivagnanam, J

The petitioners, who were arrested and remanded to judicial custody on 14.11.2023 for the alleged offence punishable under Section 143 of IPC r/w 25(1)(A) of Arms Act r/w 4(b), 5 of Explosive Substances Act, in Crime No.1306 of 2023, on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 14.11.2023, at about 05.20 p.m, when the respondent police were in routine check up, at Palayamkottai KTC Nagar, they stopped the Boloro Car bearing Reg.No.Tn 72 CU 5371 and Innova Car bearing Reg.No.TN 02 AC 7048 and on searching, they found two bottles filled with petrol and lamp wick and some Sackle (Aruval). Hence the case.

3.The learned counsel appearing for the petitioners would contend that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are in custody from 14.11.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioners along with other accused were found in possession of two bottles filled with petrol and lamp wick and some Sackle (Aruval). However, he fairly conceded that no previous case is pending against the petitioners.

5.Heard both sides and perused the materials available on record.

6.Considering the facts and circumstances and considering the period of incarceration and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012) 1 SCC 40 and the nature of the offence alleged as against the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

[i] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tirunelveli and on further conditions that:

(ii) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(iii) the petitioners shall appear before the trial Court on summons.

(iv)the petitioners shall not tamper with evidence or witness;

(v)the petitioners shall not abscond during trial.

vi) 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].

vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.