Sudhakar vs State Of Tamil Nadu

A.A.Nakkiran, J

The petitioner who was arrested and remanded to judicial custody on 17.12.2022 for the offences punishable under Sections 147, 148, 294(b), 324, 307, 341, 506(ii), 379 of IPC in Cr.No.275 of 2022 on file of the respondent police, seeks bail.

The case of the prosecution is that on the date of occurrence, due to previous enmity, the petitioner /A7 along with 9 other accused brutally attacked the victim and his brother by using deadly weapons and thereby, caused grievous injuries to them and thereafter, robbed 3 sovereigns of gold chain from the victim. Hence the case.

3.The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has been suffering incarceration from 17.12.2022. Hence, he seeks for grant of bail to the petitioner.

The learned Additional Public Prosecutor submits that there are totally ten accused in this case and the petitioner is arrayed as A7. She further submits that due to previous enmity, the petitioner along with other accused brutally attacked the victim and his bother by using deadly weapons and thereby, caused grievous injuries to them. She further submits that the two victims have been discharged from the hospital. However, he vehemently opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner and the victims have been discharged from the hospital, 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 learned XVIII Metropolitan Magistrate, Saidapet, 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 station daily at 10.30 a.m., until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;