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Madras High CourtCRL OP/1289/2023granted

Mani v. State Rep By

2023-01-23Honourable Mrs Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.01.2023 CORAM :

THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI Mani, S/o.Dhanabal ... Petitioner Vs.

The State rep. by The Inspector of Police, Magundanchavadi Police Station, Salem Dt.

(Crime No.689 of 2020) ...

Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in pending trial in Spl.S.C.No.118 of 2021, on the file of the Sessions Judge, Principal POCSO Court, Salem.

For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.S.Vinoth Kumar, 1/6

Govt. Advocate (Crl.Side.)

O R D E R

The petitioner who was arrested and remanded to judicial custody on 11.08.2022 for the offences under Sections 406, 506(ii) of I.P.C. and U/Sec. 3 r/w 4 of POCSO Act, 2012 in Crime No.689 of 2020, on the file of the respondent police, pending trial in Spl. S.C.No.118 of 2021 on the file of the learned Sessions Judge, Principal POCSO Court, Salem, seeks bail.

2. It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 11.08.2022 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 21.06.2022, he was unable to appear before the Court and hence, the learned Magistrate issued non bailable 2/6

warrant against the petitioner following which, the petitioner was arrested and remanded to judicial custody on 11.08.2022. He would submit that the petitioner has been suffering incarceration for more than 6 months from 11.08.2022. 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 21.06.2022, non bailable warrant was issued against him and through PT warrant only, he was arrested on 11.08.2022. 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. 3/6

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 Session Judge, Principal POCSO Court, Salem, and on further conditions that:

(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 respondent police on every Wednesday at 10.30 a.m. for the period of three months and thereafter, he shall appear before the trial court for every hearing regularly without fail, failing which, the bail will be cancelled. (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 4/6

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 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.

23.01.2023 rpp To

1. The Sessions Judge, Principal POCSO Court, Salem.

2. Inspector of Police, Magudanchavadi Police Station, Salem Dt.

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

5/6

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

T.V. THAMILSELVI, J.

rpp Crl.O.P.No. 1289 of 2023 23.01.2023 6/6