Santhoshkumar And Others vs State

T.V.Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 03.03.2024 for the alleged offence under Sections 341, 294(b), 392, 397 and 506(ii) of I.P.C. in Crime No.110 of 2024 on the file of the respondent police, seeks bail.

The case of prosecution is that on 03.03.2024 while the defacto complainant was going near Omsakthi Vinayagar Temple situated at Narayana Nagar, Kurinji Nagar Housing Board, the petitioners came by two wheeler and waylaid the defacto complainant and at knife point, snatched a sum of Rs.2000/- from him and also criminally intimidated him and the public. Hence, the complaint was registered against the petitioners.

The learned counsel appearing for petitioners submitted that they are innocent persons, they are no way connected with the offence and they have not committed any of offence as alleged by the respondent police. He would also submit that they have been falsely implicated in this case and they will abide by any condition that may be imposed by this court. He would also submit that the petitioners have been suffering incarceration for more than 28 days from 03.03.2024. On instruction, he would further submit that without prejudice to their right and contentions, they are prepared to deposit/pay some considerable amount. Hence, he prayed to grant bail to the petitioners.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that they are arrayed as A1 and A2 in this case and one previous cases pending against the petitioners. He would also submit that if they are released on bail, they would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioners.

Considering the facts and circumstances and the fact that the investigation is almost completed and considering the period of incarceration undergone by the petitioner from 03.03.2024 for more than 28 days, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are directed to deposit a sum of Rs.5,000/- each, totally a sum of Rs.10,000/- (Rupees ten thousand only), as non-refundable deposit to the credit of registered Advocates Clerks Association at Salem, and on such deposit, the petitioners are ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the learned Judicial Magistrate-II, Salem, 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 petitioners shall report before the respondent police on every Monday, Wednesday and Sunday at 10.30 a.m. for the period of three months.

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners 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 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.