Ram Naidu @ Velamal Ram Naidu v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Ram Naidu @ Velamal Ram Naidu ... Petitioner Vs.
The State represented by, The Inspector of Police, G-2, Periamet Police Station, Chennai District (Crime No.153 of 2016).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.153 of 2016 pending investigation on the file of the respondent Police. For Petitioner : Mr.R.Rajadurai For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 12.07.2024, seeking bail in S.C.No.277 of 2024 pending on the file of the learned Sessions Judge ( Magalir Neethimandram), in connection with Crime No.153 of 2016 registered for the offences under Section 302 of IPC.
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2. The petitioner is facing prosecution for the offence under Sections 302 of IPC. The petitioner was initially granted bail during the investigation and that during the trial, for his non-appearance, non-bailable warrant was issued on 22.08.2017 and the petitioner was arrested on 12.07.2024.
3. Learned counsel appearing for the petitioner submitted that, since the petitioner was taken into custody in another case, he could not appear before the trial Court and that the petitioner's non appearance is neither wilful nor wanton. He further submitted that, in any case, petitioner is in custody from 12.07.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that the case is posted for examination of LW2 & LW3.
5. 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.
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6. Considering, the period of incarceration and since further custody is not required, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge ( Magalir Neethimandram) at Chennai 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 report before the trial Court on all working day at 10.30 a.m., 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 3/5
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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
19.02.2025 Sma To
1. Sessions Judge ( Magalir Neethimandram) Chennai.
2.The Inspector of Police, G-2, Periamet Police Station, Chennai District
3. The Superintendent, Central Prison, Puzhal.
4. The Public Prosecutor, High Court of Madras.
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SUNDER MOHAN., J.
Sma 19.02.2025 5/5