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2022 Supreme(Online)(Mad) 85770
MADRAS HIGH COURT
G.K. Ilanthiraiyan, J
Suresh Kumar @ Kuthirai Suresh – Appellant
Versus
The State – Respondent
Crl.OP.No.12908 of 2022
For the Appellants/Petitioners: P. Muthamizhselvakumar
For the Respondents: A. Damodaran
The court granted bail to the petitioners accused of attempting to attack police officers and intimidation, imposing strict reporting conditions and sureties to ensure their presence during investigation.
Headnote:(A) Criminal Procedure - Bail - Grant of bail in cases of alleged intimidation and attempt to attack police officers - Court may exercise discretion to grant bail subject to strict conditions including reporting to police and non-interference with evidence. (Para 5)
Issues: Whether the petitioners are entitled to be released on bail pending investigation.
| Table of Content |
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| 1. allegations of attacking police and possessing deadly weapons leading to arrest. (Para 1 , 2) |
| 2. competing submissions regarding innocence versus the gravity of the planned crime. (Para 3 , 4) |
| 3. grant of bail contingent upon financial security and strict behavioral conditions. (Para 5) |
ORDER
The petitioners, who were arrested and remanded to judicial custody on 23.03.2022 for the offences punishable under Sections 294(b), 353, 307, 120 B of IPC r/w 25(1)(a), 27(2) of Arms Act, 1959 in crime No.87 of 2022 on the file of the respondent police, seek bail.
2. It is the case of the prosecution that when the respondent police were in usual beat duty, the petitioners and another were found in suspicious manner. When the respondent intercepted them, they tried to escape from that place. At that time, one, Manthiramoorthy tried to attack the police with aruval. However he escaped. The other two accused persons intimidated with dire consequences by showing deadly weapons. Hence the case.
3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he seeks for grant of bail to the petitioners.
4.The learned Additional Public Prosecutor would submit that the first accused tried to attack the respondent police with aruval. However, no injury was caused. He would further submit that the respondent police found that they were planning to murder the person who murdered one, Rajesh. Hence, he vehemently opposed to grant bail to the petitioners.
5.Considering the above facts and circumstances of the case, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) (each) with two blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Thiruthuraipoondi 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 petitioners shall stay at Villupuram and report before the Inspector of Police, Villupuram Taluk Police Station, Villupuram daily at 10.30 a.m. and 05.30 p.m. until further orders.
[c] the petitioners shall not abscond either during investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.
