T.V.Thamilselvi, J
1. The petitioner, who was arrested and remanded to judicial custody on 28.11.2022 for the offences punishable under Sections 294(b), 341, 394, 397, 506(ii) of IPC, in Crime No.249 of 2022, on the file of the respondent police, seeks bail.
2. The case of the prosecution as per the de-facto complainant is that the petitioner waylaid the de-facto complainant and by abusing him in a filthy language, had robbed a sum of Rs.2050/- from his at knife point. The further allegation is that the accused has threatened the de-facto complainant with dire consequences. Hence the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, since he has got several previous cases. He further submitted that the petitioner is no way connected with the alleged occurrence and he is in custody from 28.11.2022. He also stated that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and hence, he prayed to grant bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner is a habitual offender having 10 previous cases including the case under Section 302 IPC. He further submitted that as far as this case is concerned, the petitioner has waylaid the de-facto complainant and robbed a sum of Rs.2050/- from him at knife point. Hence, he vehemently opposed to grant bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and also taking note of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
7. 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 (out of which, one should be the blood surety, who should produce document to show his/her means), each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Vellore, 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 stay at Karur and report before the Inspector of Police, Town Police Station, everyday at 10.30 a.m., for a period of two months and thereafter, report before the respondent Police, as and when required for interrogation;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
