Vijaya Baskar vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 14.10.2022 for the offences punishable under Sections 308 IPC, 184 and 185 of MV.Act and later altered into Section 304(ii) of IPC and Sections 184, 185 of M.V.Act 1988 in Crime No.120 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner drove his auto in a rash and negligent manner under the influence of alcohol and dashed againt the pedestrian/victim, due to which, the victim had sustained fatal injuries and died in the hospital. Hence, the complaint.

The learned counsel for the petitioner would submit that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He would further that the petitioner has been suffering incarceration for more than 62 days from 10.10.2022. Hence he prays for granting bail to the petitioner.

The learned Government Advocate (Crl.Side) would submit the petitioner drove his auto in a rash and negligent manner under the influence of alcohol and dashed against the pedestrian/victim, due to which, the victim had sustained fatal injuries and died in the hospital. He would further submit that investigation was almost completed.

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

Accordingly, the petitioner is ordered to be released on bail on his 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 Metropolitan Magistrate-XIV, Egmore, Chennai -600 008 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 petitioner shall report before the respondent police everyday at 10.30 a.m. And 6.00 p.m., for a period of three 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.