R.Lakshmipathy vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 26.01.2024 in Crime No.45 of 2024 registered for the alleged offences punishable under Sections 341, 294(b), 392 & 506(ii) of IPC, seeks bail.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and a false complaint has been given against him. He further submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He further submitted that the petitioner is suffering incarceration from 26.01.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that it is a case where the accused had waylaid the de facto complainant, abused him in a filthy language and robbed a sum of Rs.1,500/- from him at knife point. He also submitted that 12 previous cases are pending against the petitioner and the investigation in this case is almost completed, however, he opposed for grant of bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel on either side and considering that the investigation in this case is almost completed, 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.II, Poonamallee, 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 report before the respondent Police everyday at 10.30a.m., for a period of two months and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.