Santhakumar And Others vs State

V. Sivagnanam, J

The petitioners/ Accused, who were arrested and remanded to judicial custody on 03.09.2023 for the alleged offence punishable under Sections 395 and 397 IPC, in Crime No.251 of 2023, on the file of the respondent police, seek bail.

The case of the prosecution is that on 03.09.2023, the petitioners herein have robbed a cell phone worth about Rs.5,000/- and a cash of Rs.1,000/- from the de facto complainant by showing sword. Hence, the case.

3.The learned counsel appearing for the petitioners would submit that the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are in jail from 03.09.2023 and hence, seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the first petitioner already detained under Goondas Act and hence, this petition was dismissed against him on 03.11.2023 and the property has also been recovered from the petitioners. He would further submit that the investigation of the case is pending.

Considering the nature of allegations made against the petitioners and also considering the period of incarceration 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 and the nature of the offence alleged by the petitioners, this Court is inclined to grant bail to the petitioners.

Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sivagangai and on further conditions that:

(i) the petitioners shall affix their photograph 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.

(ii) the petitioners shall appear before the trial Court twice a month i.e., on 1st and 15th day of every English Calender month at 10.30 am until further orders; (iii)the petitioners shall not tamper with evidence or witness;

(iv)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].