C.Loganathan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2023

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI C.Loganathan ... Petitioner Vs.

The State represented by, The Inspector of Police, G-5, Secretariat Colony Police Station, Chennai.

(Crime No.2239 of 2015).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in connection with S.C.No.152 of 2021 on the file of the learned XVI Additional Sessions Judge, Chennai. For Petitioner : Mr.K.V.Gopinath For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 30.11.2022 in S.C.No.152 of 2021 pending on the file of the learned XVI Additional Sessions Judge, Chennai, for the offences punishable under Sections 395 & 397 of IPC, in Crime No.2239 of 2015, on the file of the respondent police, seeks bail.

2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in S.C.No.152 of 2021, pending on the file of the learned XVI Additional Sessions Judge, Chennai. He further submitted that the petitioner was regularly appearing before the Court, meanwhile, he met with an accident and due to which, he did not appear before the Court on 08.07.2021, thereby, a Non Bailable Warrant was issued against him and pursuant to which, he was arrested on 30.11.2022. He also stated that the petitioner prepared to comply with any stringent condition that may be imposed by this Court and ready to furnish sufficient sureties. Therefore, he prays for grant of bail to the petitioner.

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3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner, who is arrayed as accused in this case, has failed to appear before the Court on 08.07.2021 and therefore, the Court has issued a NBW against him and pursuant to which, he was arrested on 30.11.2022. However, he opposed to grant bail to the petitioner.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail on his 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 XVI Additional Sessions Judge, Chennai, and on further conditions that: 3/6

(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 trial Court on all hearing dates, without fail; (c) the petitioner shall not tamper with evidence or witness during trial;

(d) the petitioner shall not abscond 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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To

1. The XVI Additional Sessions Judge, Chennai

2. The Inspector of Police, G-5, Secretariat Colony Police Station, Chennai.

3. The Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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T.V.THAMILSELVI,J.

ham 12.01.2023 6/6