Subash vs Inspector Of Police

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 12.03.2024 for the alleged offence under Section 457 and 380 of I.P.C. in Crime No.47 of 2024 on the file of the respondent police, seeks bail.

The case of prosecution is that the defacto complainant is working as a Supervisor in the Government TASMAC shop No.4544 at Salavakkam for the past 6 years. While being so, on 29.02.2024 around 10 hrs. the employees closed the shop and on the next day, when they opened the shop, they came to know that some unidentified persons trespassed into shop by broke opening the back side lock and holed on a wall, thereby stocks worth about Rs.8,62,930/- was stolen by the culprits. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that the entire allegation is false, vindictive, wanton and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and based upon a complaint given by the defacto complainant, the F.I.R. was lodged under Sec.457 and 380 of I.P.C. against A1 to A5, in which the petitioner is arrayed as A2 and he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 33 days from 12.03.2024. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally 5 accused involved in this case and the petitioner is arrayed as A2. He would submit that as per the complaint, in a Government Tasmac Shop, the accused have illegally trespassed and stolen stocks worth about more than Rs.8 lakhs, thereby they have committed robbery in a Tasmac shop. He would submit that so far, A1 is still absconding and no previous case pending against him. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioner.

Considering the above facts and circumstances and the fact that according to prosecution, the petitioner is also one of participant and having committed the offence of robbery, however, now some of the property was recovered and remaining property is yet to be recovered and the fact that the investigation is almost completed and no previous case pending against him and also considering the period of incarceration undergone by the petitioner for more than 33 days, 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 condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the Judicial Magistrate, Uthiramerur, 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 petitioner shall report before the respondent police on every Sunday at 10.30 a.m. for the period of three months;

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

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

(e) the petitioner 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 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];

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