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Madras High CourtCRL OP/11314/2023granted

Nagoor Kani v. The Inspector Of Police

2023-05-18Honourable Mr Justice A.A.Nakkiran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.05.2023

CORAM

THE HON'BLE MR. JUSTICE A.A.NAKKIRAN Nagoor Kani ... Petitioner Vs.

The State Rep by The Inspector of Police, Thalaiyamangalam Police Station, Tiruvarur District.

(Crime No.34 of 2018).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, pending trial in S.C.No.88 of 2021 on the file of the Sessions Judge, Fast Track Mahila Court, Tiruvarur. For Petitioner : Mr.G.Shanmugam For Respondent : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

The petitioner, who was remanded to judicial custody on 26.03.2022, pursuant to the non-bailable warrant of arrest issued against him in S.C.No.88 of 2021 pending on the file of the Sessions Judge, Fast Track Mahila Court, Tiruvarur, in connection with Crime No.34 of 2018, registered for the alleged 1/6

offence under Sections 302 and 498(A) of I.P.C, on the file of the respondent police, seeks bail.

2. Learned counsel for the petitioner submitted that the petitioner has been regularly appearing before the trial Court on all hearing dates and since the petitioner was unable to appear before the trial Court, the trial Court has issued a Non Bailable Warrant of arrest against him on 18.03.2022. 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. He also submitted that the petitioner 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 prayed for grant of bail to the petitioner.

3. Learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner has failed to appear before the trial Court on 18.03.2022, thereby, the trial Judge has issued a Non-Bailable Warrant of arrest against him, pursuant to which, he was remanded to judicial custody on 2/6

26.03.2022. Hence, he vehemently opposed for grant of bail to the petitioner.

4. Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor and perused the 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 also 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.25,000/- (Rupees Twenty five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Tiruvarur 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 appear before the 3/6

learned Sessions Judge, Fast Track Mahila Court, Tiruvarur on all hearing dates, without fail; [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.

18.05.2023 Lpp/mn 4/6

To

1. The Sessions Judge, Fast Track Mahila Court, Tiruvarur.

2. The Inspector of Police, Thalaiyamangalam Police Station, Tiruvarur District.

3. The Central Prison, Trichy.

4. The Public Prosecutor, High Court of Madras.

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A.A.NAKKIRAN.,J.

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