V.Murugan And Others vs State

@JUDGEMENTTAG-JUDGMENT

T.V.Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 17.03.2024 in Crime No.224 of 2024 registered for the alleged offences punishable under Sections 147, 148, 341, 294(b), 323, 324 307 & 506(2) of IPC r/w Section 4 of the Prohibition of Harassment of Women Act, 2002, on the file of the respondent Police, seeks bail.

The case of the prosecution is that the accused, due to the financial dispute with regard to the non-repayment of loan amount, had abused the de facto complainant and his family in a filthy language, harassed and brutally attacked them causing severe bleeding injuries. Hence the case.

Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that there was a wordy quarrel between the petitioners' family and the de-facto complainant with regard to the loan transaction, during which, both the parties attacked each other and sustained injuries. He also submitted that with regard to the scuffle, the petitioners' have also lodged the complaint against the de-facto complainant. He further submitted that the petitioners are suffering incarceration from 17.03.2024 and they are also ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioners.

Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that it is a case and a case in counter. He further submitted that due to the existing financial dispute, the petitioners and their family members have abused and assaulted the de facto complainant and his family members, causing grievous injuries. He also submitted that one previous case is pending against the first and the third petitioners. He further submitted that investigation in this case is almost completed and the injured have also been discharged from the hospital, however, he opposed for grant of bail to the petitioners.

At this juncture, the learned counsel for the petitioner submitted that the petitioners, without prejudice their rights, on their own volition, are ready and willing to deposit some amount to the credit of crime number. Hence, he prayed for grant of bail to the petitioner.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) and perused the materials available on record.

Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel on either side and considering that the injured have been discharged from the hospital, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) totally to the credit of Crime No.224 of 2024 and on such deposit and production of proof, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which, one shall be the blood related surety), each for a like sum to the satisfaction of the learned Judicial Magistrate, Sriperumbudur, 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 petitioners are directed to deposit totally a sum of Rs.25,000/- (Rupees twenty five thousand only) as non-refundable deposit to the credit of Crime No.224 of 2024, before the satisfaction Court at the time of furnishing sureties and on such deposit, the victims are permitted to withdraw the same, on filing undertaking affidavit and proper identification and acknowledgment."

[c] the petitioners shall report before the respondent Police on every Tuesday and Saturday at 10.30a.m., for a period of three months and thereafter, as and when required for interrogation;

[d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners 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 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];

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