Zaheerhussian v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.14355 of 2024 Zaheerhussain ... Petitioner Vs.

State Rep by.

The Inspector of Police, Attur Rural Police Station, Salem District.

Crime No. 1190 of 2011 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., to enlarge the petitioner on bail in PRC No. 28 of 2017 on the file of the Judicial Magistrate No.1, Attur, in crime No. 1190 of 2011, on the file of the Attur Rural Police Station, Salem District.

For Petitioner : Mr.T.Ganesan For Respondent : Mr.V.Meganathan, Government Advocate (Crl. side) 1/5

O R D E R

The petitioner, who was arrested on 20.03.2024 on execution of NBW for the offence punishable under Sections 120 (b), 395 r/w 120(b) and 414 IPC in PRC. No. 28 of 2017 on the file of the respondent police.

2. The learned counsel for the petitioner submits that the petitioner was not able to appear before the Trial court due to his ill health,, the learned trial Court has issued NBW and it turn, the respondent police executed warrant. Hence, he prays to grant bail to the petitioner. On the other side, the learned Government Advocate submits that the petitioner has not appeared before the Trial Court hearing and also stated that the case is ripe for trial.

3. Considering the facts and circumstances of this Case, it seems that the petitioner has not appeared before the Trial Court due to his ill health. Now, he ready to abide any conditions. Hence, this Court is inclined to grant bail to the petitioner.

4. 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 ( one must be a blood surety), each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Attur, and on further 2/5

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 on every Tuesday at 10.30 a.m. and also for every hearing without fail.

[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 abscond, a fresh FIR 3/5

can be registered under Section 229A IPC.

20.06.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The Judicial Magistrate No.I, Attur.

2. The Inspector of Police, Attur Rural Police Station, Salem District.

3. The Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.14355 of 2024 20.06.2024 5/5