Sathish And Others vs State

A.D.Jagadish Chandira, J

The petitioners, who were arrested and remanded to judicial custody on 15.02.2023 for the offences punishable under Section 379 of IPC in Crime No.49 of 2023, on the file of the respondent Police, seek bail.

The case of the prosecution is that the petitioners have committed theft of mobile phone belonging to the defacto complainant. Hence the complaint.

The learned counsel appearing for the petitioners would submit that the petitioners, who are natives of Andhra Pradesh, are innocent persons and while they were consuming tea in the tea shop, there was a wordy quarrel between the petitioners and the defacto complainant, for which, a false complaint has been given, as if, the petitioners have committed theft of mobile phone. He would further submit that the petitioners are in judicial custody from 15.02.2023 and hence, he prays for grant of bail to the petitioners.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioners, who are natives of Andhra Pradesh, have committed theft of mobile phone belonging to the defacto complainant. He would further submit that there is no previous case pending against the petitioners. He would also submit that the property has been recovered. However, he opposed for grant of bail to the petitioners.

5.Heard the learned counsel for the petitioners and the learned Government Advocate (crl.side) and perused the materials available on record.

Taking into consideration the facts and circumstances of the case, the submissions made by either side and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on his executing a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, (out of which, one should be the blood surety, who should produce document to show his/her means), for a like sum to the satisfaction of the learned Metropolitan Magistrate, Sriperumbudur 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 daily at 10.30 a.m., for a period of one week and thereafter, on every Saturday at 10.30 a.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.