Tendulkar @ Sachin @ Thera Thendral vs State

T.V. Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 13.12.2022 for the alleged offence under Sections 147, 148, 448, 294(b), 323, 324, 363, 307 I.P.C. in Crime No.206 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that on 07.11.2022, the petitioner along with other accused said to have trespassed into defacto complainant's house, abused him with filthy language and also attacked him, which was restrained by his father and mother and they were also threatened by them. However, they took the defacto complainant to a burial ground, wherein they alleged to have attacked him with knife on the left side of his forehead and also left finger, resulting in which, he sustained injury. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that 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 he has been falsely implicated in this case and he will abide by any condition imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 19 days from 13.12.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that there was a wordy quarrel between the defacto complainant and the petitioner, thereby the petitioner along with other accused assaulted him and when his father and mother questioned them, they threatened them also. Subsequently they took the defacto complainant to a burial ground, wherein they attacked him with knife thereby, he sustained simple injury and subsequently after treatment, he was discharged from the hospital. He would submit that co-accused were released on bail. 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 also the fact that the injured discharged from the hospital, co-accused released on bail and the investigation almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) into the credit of Crime No.206 of 2022 and the defacto complainant is permitted to withdraw the deposit amount on proper identification and acknowledgment. On such deposit, 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 for a like sum to the satisfaction of the learned District Judicial Magistrate-II, Krishnagiri, 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 daily twice in the morning at 10.30 a.m. and evening at 05.30 p.m. for the period of two 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.