Thangamani vs Inspector Of Police

V. Sivagnanam, J

The petitioner/sole accused, who was arrested and remanded to judicial custody on 15.11.2023 for the alleged offences punishable under Sections 279,337,304(A) of IPC @ 279,337,304(ii) of IPC r/w.Section 185 of M.V.Act in Crime No.310 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 14.11.2023 the defacto complainant, his wife and his daughter Muthumari were proceeding to Nathampatti, Srivilliputhur Taluk in a TNSTC bus bearing Reg. No. TN 67 N 0601 the driver of the bus drove the bus in a rash and negligent manner consuming alcohol due to which bus collapsed on the road in which ten persons sustained injuries and one person died. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 15.11.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that on 14.11.2023 the defacto complainant, his wife and his daughter Muthumari were proceeding to Nathampatti, Srivilliputhur Taluk in a TNSTC bus bearing Reg. No. TN 67 N 0601 the driver of the bus drove the bus in a rash and negligent manner consuming alcohol due to which bus collapsed on the road in which ten persons sustained injuries and one person died, hence he objected to grant bail to the petitioner.

5.Considering the facts and circumstances and also considering the period of incarceration and also taking into consideration the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012) 1 SCC 40, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[i] Accordingly, 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 Judicial Magistrate No.II, Sattur and on further conditions that:

(ii) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(iii) the petitioner shall appear before the trial Court on every Monday at 10.30 a.m.,until further orders;

(iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial.

(vi) 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].

vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.