Vijay And Others vs State

T.V.Thamilselvi, J

The petitioners who were arrested and remanded to judicial custody on 25.10.2022 for the offences punishable under Sections 294(b), 353 and 506(ii) of IPC r/w 3(1) of Tamilnadu Property(Prohibition of Damages and Loss) Act in Crime No.44 of 2022, on the file of the respondent police, seek bail.

The case of the prosecution is that on 24.10.2022 at about 20.45 hours, the petitioners have scolded the defacto complainant who is working as a Head Constable, R.P.F. Mayiladuthurai Police Station in filthy language and in order to prevent the public servant from discharging his official duty and caused damages to his walkie talkie and also threatened him with dire consequences. Hence, the complaint.

The learned counsel for the petitioners would submit that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He would further that the petitioners have been suffering incarceration for more than 40 days from 25.10.2022. Hence he prays for granting bail to the petitioners.

The learned Government Advocate (Crl.Side) would submit that the petitioners have scolded the defacto complainant in filthy language and prevent him from discharging his official duty and caused damages to his walkie talkie and also threatened him with dire consequences.

Taking into consideration, the facts and submissions made by both counsel and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing separate bonds 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 Judicial Magistrate-I, Mayiladuthurai and on further condition 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 on every Wednesday at 10.30 a.m., for a period of four months ;

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

(d)the petitioners 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 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;

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