Jeeva @ Eral Jeeva v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Jeeva @ Eerral Jeeva ... Petitioner/A1 Vs.
The State represented by, The Inspector of Police, V4 Rajamangalam Police Station, Chennai.
(Crime No.697 of 2022).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.697 of 2022, pending investigation on the file of the respondent Police. For Petitioner : Mr.P.Krishna Moorthy 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 04.03.2025 seeking bail in S.C.No.424 of 2024 pending trial on the file of the learned XVI Additional 1/6
Session Judge at Chennai, in connection with Crime No.697 of 2022 registered for the offences punishable under Sections 341, 294(B), 336, 427, 392, 397, 506(ii) of IPC.
2. The petitioner is facing prosecution for the offence under Sections 341, 294(B), 336, 427, 392, 397, 506(ii) of IPC. The petitioner was initially granted bail during the investigation. During the trial, for his non-appearance, a non-bailable warrant was issued on 23.01.2025 and he was arrested on 04.03.2025.
3. Learned counsel appearing for the petitioner submitted that, the petitioner's non appearance is neither wilful nor wanton and in any case, petitioner is in custody from 04.03.2025 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) reiterated the prosecution case and submitted that the petitioner has other previous cases and in those cases, he is on bail.
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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 aforesaid facts; the period of incarceration; the fact that the petitioner is on bail in other cases 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 Additional Sessions Judge, 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 days at 10.30 a.m., until further 3/6
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.
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To
1. Additional Sessions Judge, Chennai.
2.The Inspector of Police, V4 Rajamangalam Police Station, Chennai.
3. The Superintendent, Central Prison Jail, Puzhal.
4. The Public Prosecutor, High Court of Madras.
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SUNDER MOHAN., J.
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