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Madras High CourtCRL OP/10015/2023granted

Saravanan @ Adu Saravanan v. Inspector Of Police

2023-05-05Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2023

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Saravanan @ Adu Saravanan ... Petitioner Vs.

Inspector of Police, K-7 ICF Police Station, Chennai Crime No.141 of 2021 ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to release the petitioner on bail in SC.No.272 of 2022 under Sections 302 r/w 34 of IPC pending trial before the V Additional Judge, Chennai in Crime No.141 of 2021 on the file of the respondent Police.

For Petitioner : Mr.S.Senthil Kumar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on execution of warrant on 20.03.2023 in SC.No.272 of 2022 under Sections 302 r/w 34 of IPC pending trial before the V Additional Judge, Chennai in Crime No.141 of 2021 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.141 of 2021 under Sections 302 r/w 34 of IPC, which is pending for trial in SC.No.272 of 2022 before the V Additional Judge, Chennai. While so, the petitioner did not appear before the lower Court regularly. Hence, the lower Court has issued NonBailable Warrant against the petitioner on 27.02.2023. Thereafter, the petitioner was arrested and remanded to judicial custody on 20.03.2023. 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 on 27.02.2023 against the petitioner and the petitioner was arrested and remanded to judicial custody on 20.03.2023, and if the bail is granted to the petitioner, it is very difficult to secure him. Hence, he vehemently objected for grant of bail to the petitioner.

5. It is seen that originally the petitioner was granted bail and subsequently, the respondent completed investigation and filed final report, which was taken cognizance in SC.No.272 of 2022. However, before the trial court, he was absent and NBW was issued against the petitioner on 27.02.2023 and the same was executed on 20.03.2023. 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 sureties, each for a like sum to the satisfaction of the learned V Additional Sessions Judge, City Civil Court, 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 i.e. V Additional Sessions Judge, City Civil Court, Chennai 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 V Additional Sessions Judge, City Civil Court, Chennai 2.Inspector of Police, K-7 ICF Police Station, Chennai 3.Central Prison-2 at Puzhal, Chennai 4.The Public Prosecutor, High Court of Madras, Chennai Crl.O.P.No.10015 of 2023 05.05.2023