Sathish vs State

A.D.Jagadish Chandira, J

The petitioner, who was arrested and remanded to judicial custody on 20.01.2023 for the offences punishable under Sections 147, 148 & 302 of IPC, in Crime No.82 of 2023 on the file of the respondent police, seeks bail.

The case of the prosecution is that due to the previous enmity between two rival gangs, the accused have unlawfully assembled and committed murder of the de-facto complainant's son by assaulting him with deadly weapons and escaped from the scene of occurrence. Hence, the case.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely roped in this case, since he happens to be the friend of other accused. He further submitted that even as per the prosecution, the allegation as against the petitioner is that he had taken other accused in his auto and other than that the petitioner has not committed any offence. He further submitted that the petitioner is in custody from 20.01.2023, hence, he prayed to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that due to the previous enmity between two rival gangs, the petitioner (A10) along with other accused has unlawfully assembled and committed murder of the de-facto complainant's son by assaulting him with deadly weapons and escaped from the scene of occurrence. He also submitted that the specific overt act attributed as against the petitioner is that he helped other accused to escape from the scene of occurrence by taking them in his auto rickshaw. He also submitted that the investigation in this case is still pending. Hence, he opposed for grant of bail to the petitioner.

Heard the learned Counsel for the petitioner 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 the learned counsel on either side and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate - II, Alandur, 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 stay at Dharmapuri and report before the Inspector of Police, Dharmapuri Town Police Station, everyday 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 abscond, a fresh FIR can be registered under Section 229A IPC.