Jayakumar v. The State Rep.By

Crl.O.P.No.13209 of 2016 S.VAIDYANATHAN, J.

The petitioners, who were arrested and remanded to judicial custody on 29.05.2016 for an alleged offences punishable under Sections 147, 148, 452, 294(b), 323, 324, and 307 IPC in Crime No.65 of 2016 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 28.05.2016 at about 4.30 p.m., due to wordy quarrel between the second petitioner and the defacto complainant, the petitioners A1 to A5 are alleged to have attacked the defacto complainant with knife, due to which, the defacto complainant got injured.

3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence. He further submitted that they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) would submit that the injured has been discharged from the hospital. He further submitted that there is no previous case against the petitioners herein.

5. Considering the facts and circumstances of this case and taking note of the fact that the injured has been discharged from the hospital and also there is no previous case as against the petitioners, I am inclined to grant bail to the petitioners.

S.VAIDYANATHAN, J.

kal Accordingly, the petitioners are ordered to be released on bail on each of them 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 Judicial Magistrate, Vedharanyam and on further condition that: [a] the petitioners are directed to stay at Thanjavur and shall report before the Inspector of Police, Thanjavur Town Police Station, daily twice at 10.30 a.m. and 5.30 p.m. for a period of 15 days and thereafter, as and when required for further interrogation.

[b] the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the 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].

27.06.2016 kal Crl.O.P.No.13209 of 2016