A.Sabarinathan v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Sabarinathan ... Petitioner(s) /Accused Vs.
State represented by The Inspector of Police, Mailam-Police Station, Villupuram District.
... Respondent(s)/ Complainant Crime No.547 of 2018 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Crime No.547 of 2018 on the file of the respondent police.
For petitioner(s) : Mr.M.Arumugam For Respondent(s) : M/s.J.R.Archana Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 28.03.2025, seeking bail in Crime No.547 of 2018 registered for the offences under Sections 394, 120B, Page No.1 of 7
341, 397 and 411 of IPC.
2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in P.R.C.No.12 of 2023 on the file of the Judicial Magistrate No.II, Tindivanam. He further submitted that since the petitioner was affected by Jaundice fever, he was unable to appear before the trial Court, and he was issued with the non-bailable warrant on 24.03.2023 and pursuant to the same, he was arrested on 28.03.2025. He also submitted that the petitioner will undertake that hereafter he will regularly appear before the trial court on all hearing dates and also stated that he is prepared to comply with any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner.
3. Learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case.
4. Heard the learned counsel for the petitioner and the learned Page No.2 of 7
Government Advocate (Crl.Side) and perused the materials available on record.
5. Considering that the petitioner has no previous criminal antecedents and the period of incarceration undergone by him and that now, the case is pending for examination of witnesses and also considering the undertaking given by the petitioner that he is ready to co-operate for speedy disposal of the trial, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tindivanam, 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 petitioners shall report before the Page No.3 of 7
respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation;
[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 269 B.N.S. Page No.4 of 7
08.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa Note:
1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this court will be watermarked and will also have a QR code.
To
1. The Inspector of Police, Mailam-Police Station, Villupuram District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. learned Judicial Magistrate No.II, Tindivanam
4. The Superintendent of Prison, Sub-Jail, Tindivanam.
Page No.5 of 7
L.VICTORIA GOWRI, J.
skr/dpa Page No.6 of 7
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