Sathya @ Sathiya Seelan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Sathya @ Sathiya Seelan ... Petitioner Vs.

The State represented by, The Sub-Inspector of Police, Vaniyambadi Town Police Station, Tirupathur District.

(Crime No.625 of 2021) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in S.C.No.7 of 2024 in Crime No.625 of 2021. pending on the file of the District and Sessions Court, Tirupathur.

For Petitioner :

Mr.D.Thirumoorthy For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of S.C.No.7 of 2024 pending on the file of the learned District and Sessions Judge, Tirupathur District, in connection with 1/6

Crime No.625 of 2021 registered for the offences punishable under Sections 147, 148, 294(b), 120(B), 302 of IPC r/w 34 of IPC, is on board for consideration.

2. Learned counsel for the petitioner submits that the petitioner, who is arrayed as A7, is facing trial in S.C.No.7 of 2024 pending on the file of the learned District and Sessions Judge, Tirupathur District. He further submits that since the petitioner was not aware of the case details, he failed to appear before the trial court, thereby, a non-bailable warrant was issued against him on 09.11.2023 and pursuant to the same, he was arrested on 24.05.2024. He also submits that the petitioner undertakes that he will appear before the trial Court on all hearing dates without fail and he will co-operate for speedy disposal of the trial. Hence, he prayed for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent, while objecting for grant of bail, submits that due to non-appearance of the petitioner/A7, who is facing trial in S.C.No.7 of 2024 before the learned District and Sessions Judge, Tirupathur District, a Non-Bailable Warrant of arrest was issued against him on 09.11.2023 and the same was executed on 24.05.2024. He further submits that there are 21 accused and 54 witnesses in this case and 2/6

initially, the charge sheet was filed against all the accused in P.R.C.No.1 of 2022 and later, due to the absence of eight accused, the case was split up against them. Thereafter, the case in P.R.C.No.1 of 2022 against the petitioner/A7 and 12 other accused was committed to the Court of Sessions and numbered as S.C.No.7 of 2024 and the case now stands posted on 27.01.2025. He further submits that the case in S.C.No.8 of 2024 pertains to A2 and A6 also stands posted on 27.01.2025 and the case in P.R.C.No.3 of 2024 pending against accused 3, 4, 9, 14, 18 and 20 before the Judicial Magistrate, Vaniyambadi, stands posted on 03.02.2025. He also submits that four previous cases including a case registered under Section 302 IPC is pending against the petitioner.

4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Vaniyambadi, and on further 3/6

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 shall appear before the learned District and Sessions Judge, Tirupathur, on all working days at 10.30a.m., till framing of charges ;

[c] the petitioner shall not abscond during trial and shall co-operate for speedy disposal of the trial; [d] the petitioner shall not tamper with evidence or witness during 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 23.01.2025 ham 4/6

To

1. The District and Sessions Judge, Tirupathur.

2. The Judicial Magistrate, Vaniyambadi.

3. The Sub-Inspector of Police, Vaniyambadi Town Police Station, Tirupathur District.

4. The Superintendent, Central Jail, Vellore.

5. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

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