Suresh @ Surukuli v. State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.02.2024
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Suresh @ Surukuli ... Petitioner Vs.
State Rep by its The Inspector of Police, (L&O) B-4 Ukkadam Police Station, Coimbatore District ( Crime No.92 of 2022) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in S.C.No.99 of 2022 on the file of the Sessions Court for Trial of Bomb Blast cases at Coimbatore in Cr.No. No.92 of 2022 on the file of the respondent.
For Petitioner : Mr.S. Senthilvel For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)
ORDER
The petitioner is an accused in S.C.No.99 of 2022 pending on the file of the Sessions Court for Trial of Bomb Blast cases at Coimbatore, seeks 1/5
bail.
2.Originally, Crime No.92 of 2022 had been registered for the offences under Sections , 147,148,294(b), 302,307,341 of I.P.C and Section 3 (1) of TN Public Property ( Prevention of Damage and Loss Act) 1922 in Crime No.92 of 2022 on the file of the respondent Police.
2. The petitioner/A1 was absconding from judicial process, hence NBW was issued on 11.09.2023 and the petitioner was secured on 07.11.2023. As against A2 NBW was pending.
3. The learned Government Advocate for the respondent submitted that there are 5 previous case pending against the petitioner out of which 3 cases are under City Police Act, 1888 and 2 under Section 506(ii) of I.P.C. 4.Taking into consideration the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions:
5. This Court appreciates The Inspector of Police, B-4 Ukkadam Police Station, Coimbatore District for the efforts taken to secure the accused.
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) 2/5
with two fresh sureties, each for a like sum to the satisfaction of the learned Sessions Court for Trial of Bomb Blast cases at Coimbatore 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 Sessions Court for Trial of Bomb Blast Cases at Coimbatore everyday at 10.30 a.m., for a period of 20 days and thereafter appear before the Court on all hearing dates.
[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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
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smn To 1.The Sessions Court for Trial of Bomb Blast cases at Coimbatore 2.The Inspector of Police, (L&O) B-4 Ukkadam Police Station, Coimbatore District 3.The Central Prison, Coimbatore
4. The Public Prosecutor, High Court of Madras. 4/5
C.V.KARTHIKEYAN, J.
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