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Judgment
Sathi Kumar Sukumara Kurup, J
The Petitioners, who were arrested and remanded to judicial custody on 08.07.2023 for the alleged offences punishable under Section 147, 148, 294(b), 323, 324, 506(ii) and 307@ 147, 148, 294(b), 323, 324, 506(ii), 307 and 302 of IPC r/w 149 of IPC r/w 4 of Tamil Nadu Prohibition of Women's Harassment Act in Crime No.252 of 2023, on the file of the respondent police, seek bail.
The case of the prosecution is that there was a property dispute already existing between the Petitioners and the defacto complainant. On the alleged date of occurrence, when the cow belonging to A4 was grazing near the defacto complainant's house, the mother-in-law of the de-facto complainant objected. Therefore, a quarrel ensued resulting in the Accused persons and the de-facto complainant's family members alleged to have attacked each with iron pipes. Thereby, the de-facto complainant sustained injuries. Hence, the case.
The learned counsel for the Petitioners further submitted that the investigation had been completed, final report filed in Court and taken on file as PRC.No.14/2023. Hence he prays to grant bail to the petitioner.
As per the submissions made by the learned Additional Public Prosecutor investigation had been completed, final report laid before the learned District Munsif -Cum-Judicial Magistrate, Neyveli the same has been numbered as PRC.No.14 of 2023. However, he vehemently opposed to grant bail to the Petitioners.
Heard the learned counsel for the Petitioners, the learned Additional Public Prosecutor and perused the materials available on record including the First Information Report.
Considering the above facts and circumstances and also considering the fact that the investigation had been completed, this Court is inclined to grant bail to the Petitioners with certain conditions:
Accordingly, Petitioners are ordered to be released on bail on each of the Petitioner executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties for a likesum amount each to the satisfaction of the learned learned District Munsif-Cum-Judicial Magistrate, Neyveli. One of the surety shall be a blood relative. On further condition that :
a) the sureties shall affix their photographs and Left Thumb Impression on the surety bond. The learned District Munsif-Cum-Judicial Magistrate, Neyveli, may obtain a copy of their Aadhar Card or voter identity card or driving licence or PAN Card or Bank Pass Book with photo affixed and attested by Bank Manager to ensure their identity;
b) the Petitioners shall co-operate with the Court proceedings till disposal of the case after trial;
c) the Petitioners shall not influence, threaten or coerce the witness during trial:
d) the Petitioners shall not abscond during trial;
e) on breach of any of the aforesaid conditions, the Investigation Officer shall exercise the discretion to cancel the bail by approaching the Court of the learned District Munsif-Cum-Judicial Magistrate, Neyveli, or the trial Court as the case may be, as per the stage of the proceedings;
f) the learned Judicial Magistrate/Trial Court as the case may be shall on application for cancellation of bail bond by the Investigation Officer shall pass appropriate orders as though bail was granted by the learned Judicial Magistrate/Trial Judge himself/herself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala (2005) AIR SCW 5560) and
h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.