Tamilarasan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 10.03.2024 for the alleged offences punishable under Sections 294(b), 307, 323, 341, 392, 506 (ii) of IPC and 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, in Crime No.71 of 2024 on the file of the respondent Police, seeks bail.

Learned counsel appearing for the petitioner submitted that the petitioner (A3), aged about 20 years is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is no way connected with the alleged offence and he is in custody from 10.03.2024. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection stating that the petitioner along with other accused, who are the friends of the de facto complainant's brother, in an inebriated condition, quarreled with the de facto complainant, during which, the accused had abused him in a filthy language and attacked the de facto complainant and others, causing grievous injuries and also damaged the Auto belongs to one Ethiraj, which was parked nearby. He further submitted that the petitioner is arrayed as A3 and he is having one previous case.

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 this case and the submissions made by the learned counsel for the petitioner and considering the age of the petitioner and the period of incarceration undergone by him, 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 (out of which, one shall be the blood related surety), each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Salem, 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 on every alternate day at 10.30a.m., for a period three months and thereafter, as and when required for interrogation;

[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.