Rajendran @ Kittu vs State

V.Sivagnanam, J

The petitioner, who arrayed as accused, was arrested and remanded to judicial custody on 06.09.2023 for the alleged offence punishable under Sections 294(b), 323, 324, 307, 447, 427 and 506(ii) IPC and Section 4 of TNPWH Act, in Crime No.306 of 2023, on the file of the respondent police, seeks bail.

The case of the prosecution is that due to previous enmity, the petitioner herein said to have trespassed in to the house of the defacto complainant and attacked her and family members with deadly weapons and also abused her in filthy language. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the petitioner is in jail for more than 33 days and hence, seeks bail.

The learned Additional Public Prosecutor appearing for the respondent Police would submit that due to previous enmity, the petitioner and other accused have attacked the defacto complainant and also abused her in filthy language. He would further submit that the injured was discharged from the hospital and the investigation of the case is pending.

Considering the facts and circumstances of he case and also considering the fact that the petitioner was not present in the place of occurrence as per the First Information Report and that the injured was discharged from the hospital, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on 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, Thenkasi and on further conditions that:

(i) the sureties shall affix the 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;

(ii)the petitioner shall appear before the respondent police on receipt of summons;

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial.

v) 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].

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