Gopi@Gopinath v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.13912 of 2021 Gopi @ Gopinath, ... Petitioner Vs.
The State by, The Inspector of Police, Thandarampattu Police Station, Tiruvannamalai District.
(Crime No.479 of 2016) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in respect of S.C. No.134 of 2018 on the file of the Fast Track Mahila (Additional Sessions Judge), Tiruvannamalai, Tiruvannamalai District, pending investigation.
For Petitioner : Mr.S.Anburaja For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)
ORDER
The petitioner who was arrested on 01.09.2020 and remanded to judicial custody for the offences under Section 302 of IPC, in Crime No.479 of 2016 in S.C. No.134 of 2018 on the file of the Fast Track Mahila (Additional Sessions Judge), Tiruvannamalai, Tiruvannamalai District, seeks bail.
2. The learned counsel for the petitioner submitted that due to non-appearance of the petitioner before the trial Court, NBW was issued and the same was executed on 01.09.2020. He further submitted that the petitioner is ready to co-operate with the trial and to abide by any condition imposed by this Court.
3. The learned Government Advocate (Crl.Side) would submit that the non bailable warrant has been issued against the petitioner on 06.06.2019. Hence, he prays for grant of bail to the petitioner.
4. Considering the fact that the period of incarceration suffered by the petitioner, 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 Fast Track Mahila Court (Additional Sessions Judge), Tiruvannamalai, Tiruvannamalai District, and on further condition 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 on all hearing dates without fail.
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 10/08/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE FAST TRACK MAHILA COURT (ADDITIONAL SESSIONS JUDGE), TIRUVANNAMALAI, TIRUVANNAMALAI DISTRICT.
2 THE INSPECTOR OF POLICE, THANDARAMPATTU POLICE STATION, TIRUVANNAMALAI DISTRICT 3 THE SUPERINTENDENT, CENTRAL PRISON,VELLORE 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.S.ANBURAJA Advocate on payment of necessary charges CRL OP.13912/2021 Date :10/08/2021 APN 11/08/2021