Mohanraj @ Mohan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.01.2023 CORAM :

THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI Mohanraj @ Mohan, S/o.Kumar ... Petitioner Vs.

The State rep. by The Inspector of Police, Siva Kanchee Police Station, Kancheepuram Dt.

(Crime No.318 of 2018) ...

Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending trial in S.C.No.35 of 2022 on the file of learned Sessions Judge (Mahila Court), Chengalpattu.

For Petitioner :

Mr. R.Sasikumar For Respondent :

Mr.S.Vinoth Kumar Govt. Advocate (Crl. Side) 1/6

O R D E R

The petitioner who was arrested and remanded to judicial custody on 18.05.2022 for the offences under Sections 450, 376(1), 376(A) and 323 of I.P.C. in Crime No.318 of 2018, on the file of the respondent police, pending trial in S.C.No.35 of 2022 on the file of the learned Sessions Judge (Mahila Court), Chengalpattu, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 18.05.2022 on execution of non bailable warrant issued against him.

3. The learned counsel for the petitioner would submit that the petitioner was earlier granted bail and thereafter, he was regularly appearing before the trial Court. On 05.04.2022, he was unable to appear before the Court and hence, the learned Magistrate issued non bailable warrant against the petitioner following which, the petitioner was arrested and remanded to judicial custody on 18.05.2022. He would 2/6

submit that the petitioner has been suffering incarceration for 237 days from 18.05.2022. He would further submit that the petitioner is ready to appear before the Court regularly and to co-operate for the trial. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) raised objection stating that when he did not appear before the trial Court on 05.04.2022, non bailable warrant was issued against him and through PT warrant only, he was arrested on 18.05.2022. Hence, if he is released on bail, he may abscond and the trial would be stalled.

5. Considering the above facts and circumstances of the case and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Sessions Judge (Mahila Court), Chengalpattu, and on further conditions that:

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(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 appear before the trial court on every Wednesday at 10.30 a.m. for the period of three months and thereafter, appear before the trial court for every hearing regularly without fail. (c) the petitioner shall not commit any offences of similar nature;

(d) the petitioner shall not abscond during trial; (e) the petitioner shall not tamper with evidence or witness during 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 4/6

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.

7.With the above directions, this Criminal Original Petition is ordered.

11.01.2023 rpp To

1. The Sessions Judge (Mahila Court), Chengalpattu.

2. Inspector of Police, Siva Kanchee Police Station, Kancheepuram Dt.

3. The Superintendent of Prison, Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras, Chennai.

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T.V. THAMILSELVI, J.

rpp Crl.O.P.No.584 of 2023 11.01.2023 6/6