Rajesh @ Setting Rajesh vs State

A.A.Nakkiran, J

The petitioner who was arrested and remanded to judicial custody on 25.11.2022 for the offences punishable under Sections 294(b), 397 & 506 (2) of IPC in Crime No.312 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused have demanded mamul of Rs.16,000/- from the defacto complainant. When he refused to give the same, the petitioner along with other accused have threatened him, robbed Rs.16,000/- and escaped from the spot. Hence the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has nothing to do with the alleged offence. He further submitted that the petitioner has been suffering incarceration from 25.11.2022 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he seeks for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that the petitioner along with other accused have robbed a sum of Rs.16,000/- from the defacto complainant, threatened him and escaped from the spot. She would further submit no recovery has been made and there are 11 previous cases pending against him. Hence, she opposed for grant of bail to the petitioner.

5.Taking into consideration the facts of the case and the submissions made by the learned Counsel and the period of incarceration suffered by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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 XVI Metropolitan Magistrate, George Town, Chennai and on further condition 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 report before the respondent police daily at 10.30 a.m., until further orders.

(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.