Udhayakumar And Others vs State

G.K.Ilanthiraiyanm, J

The petitioners, who were arrested and remanded to judicial custody on 30.06.2022 for the offence under Sections 294(b), 323, 506(ii) IPC read with Section 3 of TNPPDL Act, in Crime No.237 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that, the defacto complainant is a volunteer in Iskon Temple. It is alleged that there was a pathway dispute in betweent the petitioners and the defacto complainant. Due to which, the accused persons pelted stones on the vehicles and and caused damge to tune of Rs.10,000/- and also assaulted the Watchman and caused injuries and also caused criminal intimidation. Hence, the case.

3.The learned counsel appearing for the petitioners submitted that the petitioners is are innocent persons and they have been falsely implicated in this case. On instructions, he would further submit that the petitioners are ready to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only) jointly to the credit of the crime No.237 of 2022 and prays for grant of bail to the petitioners.

4.The learned Additional Public Prosecutor submitted that apart from this case, there is no previous case pending against the petitioners. However, he opposed to grant bail to the petitioners.

Taking into consideration the facts of the case and the submissions made by the learned counsel for the petitioners and also taking note of the fact that the petitioners had come forward to deposit a sum of Rs.20,000/- jointly to the credit of the Crime No.237 of 2022, this Court is inclined to grant bail to the petitioners.

Accordingly, the petitioners shall deposit a sum of Rs.20,000/-(Rupees Twenty Thousand only) jointly, to the credit of the Crime No.237 of 2022, and on such deposit, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, 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 petitioners shall report before the respondent police daily at 10.30.a.m., for a period of two weeks and thereafter as and when required for interrogation;

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 absconds, a fresh FIR can be registered under Section 229A IPC.