M.Dhandapani, J
1. The petitioner / accused, who was arrested and remanded to judicial custody on 08.02.2024 for the offence punishable under Sections 120(B) and 381 IPC in Crime No.33 of 2024, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the petitioner, who is working as a Driver in the defacto complainant’s Company, has robbed a sum of Rs.82,67,000/- from him. Hence the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in the case. He would further submit that the petitioner was arrested and remanded to judicial custody on 08.02.2024. He would further submit that out of the entire alleged amount, a sum of Rs.98,000/- yet to be recovered from the petitioner and hence, he prays for bail.
4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that one previous case is pending against the petitioner. He would further submit that out of the entire alleged amount, a sum of Rs.98,000/- has to be recovered from the petitioner. He would further submit that the investigation has been completed by the respondent Police and after completing the investigation, charge sheet has also been field before the concerned Court.
5. Considering the facts and circumstances of the case and considering the period of incarceration suffered by the petitioner and also considering the fact that the maximum amount has been recovered from the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
6. 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 Judicial Magistrate, Keeranur, Pudukottai District 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 is directed to appear before the concerned trial Court for each and every hearing dates, failing which, the bail granted by this Court shall stand automatically cancelled;
(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.
