Gobi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2024

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Gobi ... Petitioner Vs.

The State represented by, The Inspector of Police, Omalur Police Station, Salem District.

(Crime No.750 of 2003) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in P.R.C.No.9 of 2004 in Crime No.750 of 2003 pending before the learned Judicial Magistrate, Omalur. For Petitioner : Mr.T. Shanmuga Boopathi For Respondent : Mr.V.Meganathan Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 14.01.2024, pursuant to the non-bailable warrant of arrest issued against him on 23.05.2022 in P.R.C.No.9 of 2024 in Crime No.750 of 2023 pending 1/6

on the file of the learned Judicial Magistrate, Omalur, for the offence under Section 302 of IPC, seeks bail.

2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in P.R.C.No.9 of 2024, pending on the file of the learned Judicial Magistrate, Omalur. He further submitted that since the petitioner failed to appear before the trial Court on 23.05.2022 and the trial Court has issued a Non Bailable Warrant of arrest against him. Pursuant to which, the respondent had arrested the petitioner on 14.01.2024. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and also undertakes that he will appear before the trial Court on all hearing dates without fail, therefore, he prays for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted raised objection stating that since the petitioner, who is an accused facing trial in P.R.C.No.9 of 2024, pending on the file of the learned Judicial Magistrate, Omalur has failed to appear before the trial Court on 23.05.2022 and thereby, pursuant to the Non-Bailable Warrant issued against him, he was arrested on 14.01.2024.

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4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

5. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and taking note of the undertaking given by the petitioner and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

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) with two sureties (out of which, one surety shall be the blood related surety), each for a like sum to the satisfaction of the learned Judicial Magistrate, Omalur, Salem District 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 3/6

Bank pass Book to ensure their identity;

[b] the petitioner shall appear before the trial Court, on every Tuesday at 10.30 a.m., for a period of fourt months, apart from the Court hearings;

[c] the petitioner after coming out on bail shall file an Affidavit of Undertaking to the effect that he will co-operate for speedy disposal of the trial; [d] the petitioner shall not abscond during trial; [e] the petitioner shall not tamper with evidence or witness during trial;

[f] 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]; [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC. 18.04.2024 smn To

1. The Judicial Magistrate, Omalur, Salem District 4/6

2. The Inspector of Police, Omalur Police Station, Salem District.

3. The Namakkal Prison

4. The Public Prosecutor, High Court of Madras.

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T.V.THAMILSELVI, J.

smn 18.04.2024 6/6