Karuppasamy v. 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 Karuppasamy

...Petitioner/Accused

Vs.

State through The Inspector of Police, Kamanaikenpalayam Police Station, Tiruppur.

(Crime No.211 of 2014) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in C.C.No.28 of 2015 on the file of the learned Judicial Magistrate, Palladam. For Petitioner :

Mr.J.Franklin For Respondent :

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

ORDER

The petitioner is facing trial in C.C.No.28 of 2015 for the offence under Section 392 of IPC, and for his non-appearance, Non-Bailable Page No.1 of 4

Warrant has been issued on 28.06.2023 and he was secured on 03.09.2024 and remanded to judicial custody on 13.11.2024. 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 submitted that there are two previous case pending against the petitioner.

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 the petitioner is on bail on other cases 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 learned Judicial Magistrate, Palladam, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Page No.2 of 4

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 SUNDER MOHAN, J.

Page No.3 of 4

ata Copy to:

1.The Inspector of Police, Kamanaikenpalayam Police Station, Tiruppur.

2.The Judicial Magistrate, Palladam.

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

4.The Public Prosecutor, High Court, Madras.

19.02.2025 Page No.4 of 4