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Madras High CourtCRL OP/10237/2023granted

Appu @ Kalaiyarasan v. State Rep.By

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 Appu @ Kalaiyarasan ... Petitioner Vs.

State rep. by The Inspector of Police, Villupuram Taluk Police Station, Villupuram District Crime No.94 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.88 of 2023 on the file of the Principal Sessions Judge at Villupuram in Crime No.94 of 2020 on the file of the respondent Police.

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on execution of NBW on 22.12.2022 in SC.No.88 of 2023 on the file of the Principal Sessions Judge at Villupuram in Crime No.94 of 2020 registered for offences under Sections 147, 148, 149, 506(ii), 302, 109, 120(B), 436, 449 of IPC and Sections 3, 4(A), 4(B) and 6 of Explosive Substance Act r/w Section 4 of PPDL Act, 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.94 of 2020, which is pending for trial in SC.No.88 of 2023 on the file of the Principal Sessions Judge at Villupuram. While so, the petitioner did not appear before the lower Court regularly. Hence, the lower Court has issued Non-Bailable Warrant against the petitioner on 30.11.2022. Thereafter, the petitioner was arrested and remanded to judicial custody on 22.12.2022. 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 30.11.2022 against the petitioner and the petitioner was arrested and remanded to judicial custody on 22.12.2022, 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.88 of 2023. However, before the trial court, he was absent and NBW was issued against the petitioner on 30.11.2022 and the same was executed on 22.12.2022 by

way of arrest. 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 Principal District Judge at Villupuram 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. Principal Sessions Judge, Villupuram 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 Principal District Judge at Villupuram 2.The Inspector of Police, Villupuram Taluk Police Station, Villupuram District 3.Central Prison, Cuddalore 4.The Public Prosecutor, High Court of Madras, Chennai Crl.O.P.No.10237 of 2023 05.05.2023