Sathishkumar @ Bonda Sathish v. The State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sathishkumar @ Bonda Sathish

...Petitioner/Accused 4

Vs.

State through The Inspector of Police, Pallipalayam Police Station, Namakkal District.

(Crime No.627 of 2021) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in C.C.No.01 of 2023 on the file of the Judicial Magistrate, Kumarapalayam.

For Petitioner :

Mr.C.Deepak Kumar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

The petitioner is facing trial in C.C.No.01 of 2023 for the offences under Section 392 and 414 of IPC, on the file of the learned Judicial Page No.1 of 4

Magistrate, Kumarapalayam, and for his non-appearance, Non-Bailable Warrant has been issued on 25.01.2023 and the same was executed on 05.12.2024.

2.The learned counsel for the petitioner would submit that considering the period of incarceration, the petitioner may be released on bail.

3.Per contra, the learned Government Advocate (Crl. Side) reiterated the aforesaid case and raised objections for the grant of bail. 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.

6.Considering the period incarceration and since further custody of the petitioner 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 Judicial Magistrate, Kumarapalayam, and on further conditions that: Page No.2 of 4

[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 days 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 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 ata Page No.3 of 4

SUNDER MOHAN, J.

ata Copy to:

1.The Inspector of Police, Pallipalayam Police Station, Namakkal District.

2.The Judicial Magistrate, Kumarapayalam.

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

4.The Public Prosecutor, High Court, Madras.

19.02.2025 Page No.4 of 4