Veeramani vs State

G.Chandrasekharan, J

The petitioner, who was arrested and remanded to judicial custody on 12.06.2023 for the offence punishable under Section 379 I.P.C, in Crime No.87 of 2023 on the file of the respondent police, seeks bail.

2.The learned counsel for the petitioner submitted that petitioner is falsely implicated as accused in Cr.No.87 of 2023 for the offence punishable under Section 379 I.P.C. Petitioner is in judicial custody from 12.06.2023. Therefore, he prays for grant of bail to the petitioner.

3.In response, the learned Government Advocate (Criminal Side) submitted that on 10.06.2023 at about 02.30 a.m., the accused in this case had stolen two cows of the defacto-complainant and taken it in Tata Asis car bearing No.TN 91 J5811. Out of two cows, one cow was recovered and the other one was killed and sold for meat.

4.Considered the rival submissions and perused the records.

5.Considering the nature of the allegations made against the petitioner and that petitioner is in judicial custody from 12.06.2023, this Court is inclined to grant bail to the petitioner with conditions.

Accordingly, the petitioner is ordered to be released on bail on their 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 District Munsif cum Judicial Magistrate, Kattumannarkovil, 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 without prejudice to his defence shall deposit a sum of Rs.20,000/-(Rupees Twenty Thousand only), to the credit of the Crime No.87 of 2023 before the District Munsif Cum Judicial Magistrate, Kattumannarkovil. On such deposit, learned Magistrate is directed to use the amount under Section 357 of Cr.P.C for awarding victim compensation; Payment of this amount will not amount to admission of guilt of the petitioner.

[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders;

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness 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 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.