Satheesh vs Inspector Of Police

C.V.Karthikeyan, J

The petitioner who was arrested and remanded to judicial custody on 31.01.2024 for the offences under Sections 294(b), 323, 397, 336 and 506(ii) of IPC in Crime No.67 of 2024 on the file of the respondent Police, seeks bail.

2.It is stated that the petitioner had waylaid the defacto complainant and robbed a sum of Rs.850/- at knife point.

3.The learned Government Advocate (crl.side) raised objections stating that there are 18 previous cases against the petitioner.

4.But however, it is seen that the petitioner had demanded the money for drinking alcohol. This shows that the petitioner requires rehabilitation. It is hoped that the respondent would extend some help in that regard.

5.Taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on executing 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 XV Metropolitan Magistrate, George Town, Chennai 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, daily at 10.30 a.m and 5.30 p.m., until further orders.

[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 absconds, a fresh FIR can be registered under Section 229A IPC.