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Judgment
G.Ilangovan, J
The petitioner/ Accused Nos.1 and 2, who were arrested on 10.07.2023 for the alleged offence under Sections 294(b), 323, 324, 307 IPC, in Crime No.102 of 2023 on the file of the respondent Police, seeks bail.
The prosecution case as per the defacto complainant is that there was issue between the defacto complainant and the accused persons herein over the land property. On 08.07.2023, when the defacto complainant proposed to plant trees in the disputed property, the accused persons made objection and criminally intimidated the defacto complainant, over which, the case has been registered and later compromise has been reached between the parties. On the same day at about 7.45 p.m., the accused persons along with co-accused came in auto and caused assault to the defacto complainant with Aruval. Injured was taken into hospital and later discharged. During the course of examination, it was found that there are three cut injuries in the defacto complainant's body.
3.The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are in judicial custody from 10.07.2023.
4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the first petitioner is having three previous cases, which are in similar nature and the second petitioner is having six previous cases at his credit, among which most of the offences are 338, 323, 355, 448, 506(ii) IPC and 4 of TNPWH Act.
Considering the facts and circumstances of this case and also considering the bad antecedent of the second petitioner, this Court is not inclined to grant bail to the second petitioner at this stage. So far as the first petitioner is concerned, considering that the period of incarceration, this Court is inclined to grant bail to the first petitioner only with certain conditions;
Accordingly, this Criminal Original Petition is partly allowed and only the first petitioner is ordered to be released on bail, on executing a personal 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, Thiruvaiyaru, and on further condition that the 1st petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders. In respect of the petitioner No.2, this Criminal Original Petition is dismissed.