Terence @ Derens vs Inspector Of Police

M.Dhandapani, J

The petitioner / sole accused, who was arrested and remanded to judicial custody on 26.02.2024 for the offence punishable under Sections 294(b), 353, 307 and 506(2) IPC in Crime No.119 of 2024, on the file of the respondent Police, seeks bail.

The case of the prosecution is that on 26.02.2024, the petitioner is said to have tried to assault the defacto complainant, who is the Special Sub Inspector of Police, by using deadly weapons and abused him by using filthy language. Thereafter, the defacto complainant escaped from the spot and it is alleged that the petitioner prevented the defacto complainant from discharging his official duty. Hence the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in the case. He would further submit that the petitioner was arrested and remanded to judicial custody on 26.02.2024. He would further submit that the petitioner is in judicial custody for more than twenty days and hence, he prays for bail.

The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that the petitioner is a history sheeter and apart from this case, four previous cases are pending against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

Heard the learned counsel on either side.

Considering the facts and circumstances of the case and considering the period of incarceration suffered by the petitioner and also considering the fact that there is no specific overtact against the petitioner, 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 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 the learned Judicial Magistrate No.III, Tirunelveli 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 is directed to appear before the respondent police daily at 05.00 P.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.