Prakash v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.01.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.Nos.1161 of 2021 Prakash ... Petitioner Vs.
The State Rep. by The Inspector of Police, K-7, ICF Police Station, Chenni.
Crime No.659 of 2020 ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.659 of 2020 on the file of the respondent police. For Petitioner : Mr. M. Rajesh Kumar For Respondent : Mr.M. Prabhavathy, APP
O R D E R
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 23.11.2020 for the offence punishable under Section 229-A of IPC in Crime No.659 of 2020, seeks bail.
2. It is a case of jumped bail. Totally there are two accused. The petitioner/A1 is facing trial in S.C.No.110 of 2017 on the file of the XVIII Additional Sessions Court, Chennai. Earlier , the petitioner was granted bail and subsequently, he did not appear before the trial Court and hence, on 25.09.2020, the learned Judge had issued Non Bailable Warrant against the petitioner, pursuant to which, the petitioner was arrested and remanded to judicial custody on 23.11.2020, simultaneously for violation of bail conditions, the present crime has been registered for an offence under Section 229-A IPC. Now, he prays to grant bail.
3. The learned counsel for the petitioner would submit that the petitioner was unable to appear before the trail Court due to illness and he has no intention to violate the bail condition. Therefore, he prays to grant bail to the petitioner.
4. The learned Additional Public Prosecutor vehemently opposed stating that the case is pending for trail from the year 2017. Since the petitioner did not appear before the trial Court, the committal Judge issued NBW against the petitioner on 25.09.2020. If the petitioner is released on bail, he may once again abscond.
5. Considering the facts and circumstances of the case, 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: (a) Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Metropolitan Magistrate-V, Egmore, Chennai, and on further conditions that: (b) 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;
(c) the petitioner shall appear before the trial Court, i.e., XVIII Additional Sessions Court, Chennai on all hearing dates without fail;
(d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 27/01/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE XVIII ADDITIONAL SESSIONS COURT, CHENNAI.
2 THE METROPOLITAN MAGISTRATE NO.V, EGMORE, CHENNAI.
3 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
6 THE INSPECTOR OF POLICE, K-7 ICF POLICE STATION, CHENNAI.
+1CC to M/S.M.RAJESH KUMAR Advocate on payment of necessary charges SR NO.900 CRL OP.1161/2021 Date :27/01/2021 MK:29/01/2021