Kuppusamy v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.03.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.4102 of 2021 Kuppusamy ... Petitioner Vs.

State rep.by Station House Officer, Vadaponparappi Police Station, Villupuram.

Crime No.47 of 2001.

... Respondent Prayer: Criminal Original Petition filed under Section 439 of Criminal Procedure Code, praying to release the petitioner on bail in Crime No.47 of 2001 on the file of the respondent police. For Petitioner : Mr. J.C.Durairaj For Respondent : Mrs. M. Prabhavathi, Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 05.01.2021 for the offence punishable under Sections 147, 452, 342, 323, 355, 294(b), 506(ii) r/w. 3(1)(x) of SC/ST Act in Crime No.47 of 2001, seeks bail.

2. It is a case of jumped bail. Totally there are two accused and the petitioner is arrayed as A1. The petitioner is facing trial in S.C.No.3 of 2015 on the file of the Special Court for Exclusive Trial of case registered under SC/ST Act, Villupuram. Earlier, the petitioner was granted bail and subsequently, he did not appear before the trial Court and hence, on 15.02.2017, the learned Judge had issued Non Bailable Warrant against the petitioner, pursuant to which, the petitioner was arrested and remanded to judicial custody on 05.01.2021. 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. 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 2015. Since the petitioner did not appear before the trial Court, the trial Judge issued NBW against the petitioner on 15.02.2017. She would further submit that now, almost all the witnesses were examined and

only the Investigation Officer is yet to be examined. 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 Special Court for Exclusive Trial of case registered under the SC/ST Act, Villupuram, 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 daily on all working days at 10.30a.m., until further orders; (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/- 03/03/2021 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 SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASE REGISTERED UNDER THE SC/ST ACT, VILLUPURAM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE STATION HOUSE OFFICER VADAPONPARAPPI POLICE STATION, VILLUPURAM.

4 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

CC to M/S.J.C.DURAIRAJ Advocate on payment of necessary charges Sr.2711 CRL OP.4102/2021 Date :03/03/2021 RVR 04/03/2021