T.V.Thamilselvi, J
1. The petitioner, who was arrested and remanded to judicial custody on 06.11.2023 for the alleged offence under Section 302, 301 I.P.C. and subsequently altered into Sec.120B, 147, 148, 302, 201 of I.P.C. r/w 149 of I.P.C. in Crime No.466 of 2023 on the file of the respondent police, seeks bail.
2. The case of prosecution is that on date of occurrence, the defacto complainant on receipt of an information stating that a dead body was abducted in a blanket and tied to a stone in the water of the fort moat, she went to the spot and reported to the respondent police. Accordingly, the complaint was initially registered against the petitioner under Sec.302 and 201 of I.P.C. and subsequently, after investigation, it was altered into Sec.120B, 147, 148, 302, 201 r/w 149 of I.P.C.
3. The learned counsel appearing for petitioner submitted that this is the second petition seeking for bail before this court and there is no specific overtact attributed against the petitioner 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 further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 174 days from 06.11.2023. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally there are eight accused involved in this case, in which the petitioner is arrayed as A4. He would submit that the deceased was an informant, who also did pick pocket along with other accused in Andhra Pradesh and having came to know that deceased is an informant, all the accused killed him. He would submit that co-accused was released on bail. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation was completed and the final report was filed and the same is pending at the P.R.C. stage. Hence, he vehemently opposed to grant bail to the petitioner.
5. Considering the above facts and circumstances, and also considering the fact that according to prosecution, the deceased was an informant, who had also done pick pocket along with other accused in Andhra Pradesh and having came to know the fact as if he is an informant, all the accused have murdered him and the fact that investigation was completed, final report was also filed, which is at the P.R.C. stage, co-accused was released on bail and also considering the period of incarceration undergone by the petitioner from 06.11.2023 for more than 174 days, 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 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 No.IV, Vellore, 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 Ramanathapuram District and sign before the Town Police Station, Ramanathapuram daily at 10.30 a.m. for the period of three 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.
