Manikandan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Manikandan ... Petitioner/A6 Vs.
The State represented by, The Inspector of Police, Namakkal Police Station, Namakkal District.
(Crime No.1729 of 2024).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, concerned in Cr.No.1729 of 2024, on the file of the respondent police.
For Petitioner : Mr.C.Deepakkumar For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)
O R D E R
The petitioner/A6, against whom the final report was filed for the offence under Sections 392, 120B and 397 IPC, did not appear before the committal Court on 22.04.2022 and hence, a NBW was issued on the same day i.e., 22.04.2022 and the warrant was executed on 24.11.2024. The petitioner is in custody since 24.11.2024. Hence, this petition for bail.
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2. The learned counsel appearing for the petitioner would submit that the petitioner had not received any summons and a warrant was issued and therefore, he was not aware of the proceedings pending in PRC No.32 of 2021; that he is on bail in all other previous cases; that he is ready to abide by any stringent conditions that may be imposed by this Court; and that considering the period of incarceration, the petitioner may be released on bail.
3. The learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing the bail petition, submitted that the petitioner was arrested pursuant to issuance of NBW; that he was earlier released on bail during investigation; and that he is in custody from 24.11.2024 and the case is now pending committal on the file of the learned Judicial Magistrate No.1, Namakkal. He further submitted that the petitioner has fourteen previous cases and is on bail in those cases.
4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
5. Considering the aforesaid facts, the fact that the petitioner is in custody from 24.11.2024 and the petitioner was earlier released on bail, this Court is 2/5
inclined to grant bail to the petitioner on stringent conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Namakkal and on further 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 daily at 10.30 a.m., before the committal Court and thereafter, before the Sessions Court, until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or 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];
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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SUNDER MOHAN., J.
ars To
1. The Judicial Magistrate No.1, Namakkal.
2. The Inspector of Police, Namakkal Police Station, Namakkal District.
3. The Superintendent, Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
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