V.Purusothaman vs Inspector Of Police

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 22.02.2024 for the alleged offence under Sections 341, 294(b), 392, 397 and 506(ii) of I.P.C. in Crime No.158 of 2024 on the file of the respondent police, seeks bail.

The case of prosecution is that on 22.02.2024 around 08.15 a.m,, while the defacto complainant coming nearby Tiruvallur High Road, the petitioner said to have restrained him and introduced himself as Purushothaman from Vyasarpadi and demanded amount for purchasing alcohol and when it was refused by him, he threatened him and at knife point, he robbed a sum of Rs.600/- from his pocket and escaped from the spot. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted 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 submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 62 days from 22.02.2024. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that on the date of occurrence, the petitioner restrained the defacto complainant and demanded money and on refusal, he threatened him and also robbed a sum of Rs.600/- from him. He would submit that petitioner is arrayed as sole accused. He would submit that 11 previous cases pending against 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. Hence, he vehemently opposed to grant bail to the petitioner.

Considering the above facts and circumstances and the fact that investigation is almost completed, and also considering the period of incarceration undergone by the petitioner for more than 62 days from 22.02.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond 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 Judicial Magistrate Court-II, Ponneri, and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(b) the petitioner shall stay at Cuddalore District and sign before the Inspector of Police, Thirupapuliyur Police Station daily at 10.30 a.m. for the period of two months;

(c) the petitioner shall not commit any offences of similar nature;

(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 Judicial 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.