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Judgment
13 paragraphs · 436 wordsS.Srimathy, J
The petitioner, who was arrested and remanded to judicial custody on 24.10.2025 for the offences punishable under Sections 147, 148, 353, 324, 307, 506(ii) of IPC and 3(1) of Prevention of Damage to Public Property Act, 1984, in Crime No.1297 of 2017 on the file of the respondent police, seeks bail.
The case of the prosecution is that the accused persons restrained the police officials from performing their duty by showing deadly weapons, and further damaged public vehicles, causing hindrance to the public. Thereafter, the accused persons assaulted one victim who questioned them about their illegal acts. Hence, the complaint.
The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 24.10.2025. Hence, he seeks bail to the petitioner.
The learned Additional Public Prosecutor submitted that the offences committed by the accused are serious in nature. He further submitted that it is a case of jumped bail . Therefore, he opposed for grant of bail to the petitioner.
Taking into consideration of the fact that the petitioner has jumped bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
Accordingly, the petitioner is ordered to be released on bail on 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 No.VI, Madurai, and on further conditions that :-
[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.
[b] the petitioner shall report before the trial Court daily at 10.30 a.m., until further orders.
[c] the petitioner shall not tamper with the 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 is 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 absconds, a fresh FIR can be registered under Section 269 BNS.
