Tamilvanan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 28.10.2022 for the offences under Sections 147, 148, 341, 294(b), 363, 307, 506(2) of I.P.C. in Crime No.896 of 2022, on the file of the respondent police, seeks bail.

The case of prosecution is that on 14.10.2022, there was a quarrel between the defacto complainant's son Murali and the petitioner's brother Dhilip, which was compromised between them and subsequently on 28.10.2022 at about 02.00 p.m., when the defacto complainant and his son were grazing the cattles near Edapalayam school, the petitioner along with other accused came and said to have abducted his son in their new two wheeler with the intention to commit murder upon him. When the defacto complainant went and took the Vice-President of the village to save his son near Alamathi near lake side, the petitioner along with other accused said to have assaulted his son with knife and other deadly weapons, thereby his son sustained serious injuries and died. Hence, the complaint.

The learned senior counsel appearing for the petitioner submitted that his name was not found either in the complaint or in the F.I.R., and since he is brother of A1, he was implicated as accused in this case as if he conspired to commit murder of deceased. He would submit that he was not present in the scene of occurrence and hence, he is no way connected with the offence and he has not at all committed any offence as alleged by the respondent police. He would submit that in all the previous cases, the petitioner was falsely implicated as accused without any material evidence. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 87 days from 28.10.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) would submit that totally, there are 6 accused involved in this case, in which, the petitioner is arrayed as A6 and there are 8 previous cases pending against him. He would submit that on earlier occasion on 14.10.2022, there was a wordy quarrel between A5 and son of defacto complainant, which was compromised, and subsequently on 28.10.2022, again there was a wordy quarrel, A1 to A5 came in a two wheeler and assaulted the deceased with knife and wooden logs, thereby he sustained serious injuries and died, in which, this petitioner also conspired with A1 to commit murder of deceased. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed and the charge sheet it yet to be filed. However, he would vehemently opposed to grant bail to the petitioner.

Considering the above facts and circumstances and also fact that the investigation is almost completed, and when there was a wordy quarrel between son of defacto complainant and petitioner along with other accused, the alleged occurrence taken place and as per confession of other accused, his was implicated in the F.I.R. as if he conspired with them 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, in which one surety must be a blood surety for a like sum to the satisfaction of the learned Judicial Magistrate-II, Ponneri, 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 Tirunelveli and report before the Town Police Station, Palayamkottai at 10.30 p.m. daily for the period of six weeks and thereafter, he shall appear before the respondent police on every Saturday at 10.30 a.m. for another period of three months and he shall cooperate with the trial proceedings.

(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.