Sabari @ Palpandi vs Sabari @ Palpandi

V. Sivagnanam, J

The petitioner, who was arrested and remanded to judicial custody on 28.08.2023 for the alleged offence punishable under Sections 294(b), 323, 506(ii) and 304(2) IPC in Crime No.571 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 26.08.2023, at about 09.00 pm., when the petitioner along with other accused went in a two wheeler in a high speed, the deceased asked them to go slow. Due to the same, there was a wordy quarrel arose, in which, the accused persons abused the deceased in filthy language and assaulted the deceased with their fist on his back, stomach and caused injures. Due to the same, the deceased sustained injuries and died. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is is custody from 28.08.2023, hence he seek bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the accused persons assaulted the deceased and caused his death. Hence, he objected to grant bail to the petitioner. He would further submit that the investigation has been completed and charge sheet has been filed before the concerned Court.

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

6.Considering the facts and circumstances and also considering the period of incarceration and also 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, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[i] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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.I, Karur 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 petitioner shall appear before the trial Court on summons.

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

(v)the petitioner 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 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].

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