P. Vadamalai, J
1. The petitioner /A7 who was arrested and remanded to judicial custody on 20.10.2023 for the offence under Section 147, 148, 294(b), 307 and 506(ii) IPC , in Crime No.467 of 2023 on the file of the respondent police seeks bail.
2. The case of the prosecution is that the defacto complainant is working as loadman in the vegetable market, Srivilliputhur. There was previous enmity between the accused persons and the defacto complainant. Due to the same, on 11.10.2023, at about 23.30 hours, the petitioner along with other accused abused the defacto complainant in filthy language, assaulted him with sickle and threatened him. Hence the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that co -accused were granted bail by this Court. He would further submit that the petitioner is in custody from 20.10.2023, hence he seeks bail.
4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that due to previous enmity, the petitioner and other accused assaulted the defacto complainant and caused simple injury,hence he objected to grant bail to the petitioner. However he fairly concedes that co-accused were granted bail by this Court and the injured has been discharged from the hospital.
5. Taking into consideration the facts and circumstances of the case and also the fact that co-accused were granted bail by this Court and also the fact that the injured has been discharged from the hospital and also taking into consideration the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District and on further conditions that:
[b] 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.
[c] the petitioner shall report before the respondent police daily at 10.30 A.M., for a period of thirty days and thereafter as and when required for interrogation.
[d] the petitioner shall not commit any offences of similar nature.
[e] the petitioner shall not abscond either during investigation or trial.
[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[g] 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
