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Madras High CourtCRL OP/9954/2023granted

G.Lawrence v. The Inspector Of Police

2023-05-11Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.05.2023

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN G.Lawrence ... Petitioner Vs.

The State represented by, The Inspector of Police, K-4, Anna Nagar Police Station, Chennai (Crime No.615 of 2021).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in S.C.No.248 of 2022, pending on the file of XXI Additional Sessions Judge, Chennai. For Petitioner : Mr.C.D.Sugumar For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 07.03.2023, pursuant to the non-bailable warrant of arrest issued against 1/6

him on 02.09.2022, in S.C.No.248 of 2022, in connection with Crime No.615 of 2021, pending on the file of the XXI Additional Sessions Judge, Chennai, seeks bail.

2. Learned counsel for the petitioner submitted that this is the second application for bail and the earlier application for bail in Crl.O.P.No.7056 of 2023 was dismissed on 29.03.2023. He further submitted that the petitioner is an accused (A12) facing trial in S.C.No.248 of 2022, for the alleged offence under Sections 147, 148, 341, 302 r/w 149 of IPC, pending on the file of the XXI Additional Sessions Judge, Chennai. He further submitted that the petitioner was arrested on 07.03.2023 pursuant to the Non Bailable Warrant of arrest issued against him. He further submitted that the petitioner is prepared to furnish sufficient sureties and ready to abide by any stringent conditions that may be imposed by this Court and he is also ready to file an Affidavit of Undertaking stating that he will co-operate for speedy disposal of the trial and also submitted that the petitioner would ensure that he will appear before the trial Court on all hearing dates without fail. Therefore, he prays for grant of bail to the petitioner. 2/6

3. Learned learned Additional Public Prosecutor appearing for the respondent submitted that this is the second bail application of the petitioner. He further submitted that since the petitioner has failed to appear before the trial Court on 02.09.2022, a Non-Bailable Warrant was issued against him and pursuant to the same, he was arrested on 07.03.2023. He further submitted that 9 previous cases are pending against the petitioner, therefore, if bail is granted to the petitioner, there is every possibility of him, to abscond again and would further derail the progress of trial. Therefore, he opposed for grant of bail to the petitioner.

4. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel for the petitioner and also considering that the petitioner is in custody from 07.03.2023, this Court is inclined to grant bail to the petitioner with certain conditions.

5. 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, each for a like sum to the satisfaction of the learned XXI Additional Sessions Judge, Chennai, and on further conditions that: 3/6

[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 learned XXI Additional Sessions Judge, Chennai, on all hearing dates, without fail, 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 abscond, a fresh FIR can be registered under Section 229A IPC.

11.05.2023 vkr 4/6

To

1. The XXI Sessions Judge, Chennai.

2. The Inspector of Police, K-4, Anna Nagar Police Station, Chennai

3. The Central Jail, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. 5/6

SUNDER MOHAN, J vkr 11.05.2023 6/6