Saravanan And Others vs State

T.V.Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 29.02.2024 for the alleged offence under Section 399 of I.P.C. in Crime No.190 of 2024 on the file of the respondent police, seeks bail.

The case of prosecution is that on 29.02.2024, the respondent police received a complaint from one Sub-Inspector of Police stating that when he went for a routine checkup, the petitioners along with other accused said to have assembled and preparing to commit dacoity, but on seeing him, they tried to escape from there and he caught hold of them. Accordingly, the complaint was registered against the petitioners.

The learned counsel appearing for petitioners submitted that there is no specific overtact attributed against the petitioners and they are no way connected with the offence. He would submit that they have not at all committed any of offence as alleged by the respondent police and they have been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration for more than 35 days from 29.02.2024. Hence, he prayed to grant bail to the petitioners.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally there are 7 accused involved in this case, in which the petitioners are arrayed as A6 and A7 and three previous case pending against 1st petitioner and two previous cases pending against 2nd petitioner. He would submit that that if they are released on bail, they would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioners.

Considering the above facts and circumstances, and the fact that investigation is almost completed and also considering the period of incarceration undergone by the petitioners from 29.02.2024 for more than 35 days, this Court is inclined to grant bail to the petitioners subject to the following conditions:

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, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ponneri and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned 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 alternative days at 10.30 a.m. for the period of two months ;

(c) the petitioners shall not commit any offences of similar nature;

(d) the petitioners shall not abscond either during investigation or trial;

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

(f) on breach of any of the aforesaid conditions, the learned Judicial 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];

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