Umanath vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 20.10.2022 for the offence under Sections 294(b), 307, 323, 324, 506(ii) and subsequently altered into Sec. 294(b), 302, 307, 323, 324, 506(ii) I.P.C., in Crime No.250 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that his family and petitioner's family are close relatives and there is a land dispute between them. On 19.08.2022 at about 12.15 a.m. the petitioner along with his father came to defacto complainant's house and picked up quarrel, which ended in assault, thereby the petitioner along with his father using pipe and hands assaulted one Murugan and complainant's father, due to which, both of them sustained grievous injuries and Murugan died at the hospital. Hence, the complaint.

The learned counsel for the petitioner submitted that he is working as a Teacher in a private school and he is having two children and his father is a senior citizen and they are having ancestral property in the local village.

He would submit that whereas the deceased also share holder of very same property and in order to grab the property, the present false complaint lodged against him. He would submit that he is no way connected with the offence he has not at all committed any offence as alleged by the respondent police. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 59 days from 20.10.2022. Hence, he prayed to grant bail to the petitioner.

The learned counsel appearing for Intervenor would submit that the petitioner is a Government servant and due to the said alleged occurrence, his uncle was passed away and his father sustained grievous injury. Hence, he prayed to dismiss this petition.

The learned Government Advocate (Crl. Side) raised objection stating that totally, two accused involved in this case and the petitioner is arrayed as A1 in this case. He would submit that the 1st petitioner is son of A2 and already there was a land dispute between the parties and on the date of occurrence, there was a wordy quarrel, and at the instigation of A2, the petitioner abused him in filthy language and brutally assaulted them with EB pipe, thereby the deceased Murugan got head injury and another one got grievous injury and subsequently, Murugan died on 20.10.2022 and after treatment, one Anumanthan was discharged from the hospital. He would submit that co-accused A2 was granted bail. He would further submit that the investigation is almost completed and if he is released on bail, he would hamper the investigation and tamper the witnesses. Hence, he opposed to grant bail to the petitioner.

Considering the fact that the investigation is almost completed, co-accused released on bail, injured discharged from the hospital 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 directed to deposit a sum of Rs.50,000/- (Rupees fifty thousand only) into the credit of Crime No.250 of 2022 within a period of two weeks from the date of receipt of copy of this order and on such deposit, the petitioner is ordered to be released on bail on his executing 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 Munsif cum Judicial Magistrate, Cheyyur, 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 Tiruvannamalai and report before the Town Police Station, Tiruvanamalai at 10.30 a.m. daily for the period of eight weeks and thereafter appear before the respondent police on every Sunday at 10.30 a.m. for a period of three months.

(c) the defacto complainant is permitted to withdraw the deposit amount of Rs.50,000/- (Rupees Fifty Thousand Only) on proper identification and acknowledgment.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial;

(f) 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]; and;

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.