Arunpandian v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2023

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Arunpandian ... Petitioner Vs.

State rep. by The Inspector of Police, Keelapaluvur Police Station, Ariyarlur District Crime No.373 of 2020 ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to release the petitioner on bail in SC.No.13 of 2023 on the file of the District and Sessions Court, Ariyarlur, Ariyalur District in Crime No.373 of 2020 on the file of the respondent Police. For Petitioner : Mr.B.Mahendra Naidu For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on execution of NBW in SC.No.13 of 2023 on the file of the District and Sessions Court, Ariyarlur, Ariyalur District in Crime No.373 of 2020 registered for offences under Sections 294(b), 341, 307, 506(ii) of IPC, on the file of the respondent Police, seeks bail

2. It is the case of the prosecution that the petitioner was arrayed as an accused in crime No.373 of 2020, which is pending for trial in SC.No.13 of 2023 on the file of the District and Sessions Court, Ariyarlur, Ariyalur District. While so, the petitioner did not appear before the lower Court regularly. Hence, the lower Court has issued NonBailable Warrant against the petitioner. Thereafter, the petitioner was arrested and remanded to judicial custody.

3.The learned counsel appearing for the petitioner would submit that due to ill health, the petitioner could not appear before the trial court. Therefore, the non-appearance before the lower Court by the

petitioner is neither wilful nor wanton. However, he would also submit that the petitioner is ready to abide any condition as imposed by this Court and seeks for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor would submit due to non-appearance of the petitioner before the lower Court, the trial judge has issued Non-Bailable Warrant against the petitioner and the petitioner was arrested and remanded to judicial custody, and if the bail is granted to the petitioner having 9 previous cases, it is very difficult to secure him. Hence, he vehemently objected for grant of bail to the petitioner.

5. It is seen that in Crime No.373 of 2020, the respondent completed investigation and filed final report, which was taken cognizance in SC.No.13 of 2023. However, before the trial court, he was absent and NBW was issued against the petitioner and the same was executed. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner.

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 blood related sureties, each for a like sum to the satisfaction of the learned District and Sessions Court, Ariyalur, Ariyalur 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 Bank pass Book to ensure their identity. [b] the petitioner shall report before the trial court i.e. District and Sessions Court, Ariyalur, Ariyalur District daily at 10.30 a.m. and 05.30 p.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 229A IPC.

05.05.2023 lok

G.K.ILANTHIRAIYAN, J.

lok To 1.The District and Sessions Court, Ariyarlur, Ariyalur District 2.The Inspector of Police, Keelapaluvur Police Station, Ariyarlur District 3.Sub Jail, Ariyalur 4.The Public Prosecutor, High Court of Madras, Chennai Crl.O.P.No.10282 of 2023 05.05.2023