Vetriselvan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 29.01.2023 for the alleged offence under Sections 336, 342, 392, 397, 452, 506(ii) of I.P.C. in Crime No.46 of 2023 on the file of the respondent police, seeks bail.

The case of prosecution is that on the date of occurrence, the petitioner said to have trespassed into the defacto complainant's clinic and by threatening him at knife point, he robbed a sum of Rs.20,000/-, mobile phone, car key and CCTV camera from his clinic and also criminally intimidated him. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that this is the third petition seeking for bail and there is no specific overtact attributed against this petitioner. He would submit that the entire allegation is false, vindictive, wanton and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 29.01.2023. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that when the defacto complainant going nearby the place of occurrence, the petitioner along with other accused way laid him and at knife point snatched a sum of Rs.20,000/- and criminally intimidated him. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is almost completed, but charge sheet is yet to be filed. Hence, he vehemently opposed to grant bail to the petitioner.

Considering the facts and circumstances and also the fact that the investigation is almost completed and charge sheet is yet to be filed and on 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 ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned Judicial Magistrate-II, Alandur, 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 report before the respondent police daily at 10.30 a.m. for the period of two months

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

(d) the petitioner shall not abscond 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 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]; and;

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