Prakash @ Chinna v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2025
CORAM
THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI Prakash @ Chinna ... Petitioner Vs.
The State represented by, The Inspector of Police, D-4 Zam Bazzar Police Station, Chennai.
(Crime No. 122 of 2022).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail in S.C.No.176 of 2023 on the file of the learned II Additional City Civil & Sessions Court, Chennai in Crime No.122 of 2022 on the file of the respondent police. For Petitioner : Mr.M.Krishen.M For Respondent : Ms.J.R.Archana Government Advocate (Crl.Side) 1/6
O R D E R
The petitioner seeks bail in S.C.No.176 of 2023 in Crime No.122 of 2022 pending on the file of the learned II Additional City Civil & Sessions Court, Chennai, for the offence punishable under Sections 147, 148, 341, 324, 302 r/w Section 149 IPC. The petitioner has been remanded to judicial custody on 19.04.2025 on execution of NBW issued against him on 21.03.2025.
2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in S.C.No.176 of 2023 on the file of the learned II Additional City Civil & Sessions Court, Chennai. He further submitted that since the petitioner was unable to appear before the trial Court, he was issued with the non-bailable warrant on 21.03.2025 and pursuant to the same, he was remanded to judicial custody on 19.04.2025. 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 2/6
respondent submitted that since the petitioner, facing trial in S.C.No.176 of 2023 on the file of the learned II Additional City Civil & Sessions Court, Chennai, has failed to appear before the trial Court, the trial Court has issued a NBW against the petitioner on 21.03.2025. He submitted that the petitioner was arrested and remanded to the judicial custody on 19.04.2025. Hence, he opposed for grant of bail to the petitioner.
4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.
5. Considering the fact that bail was already granted to the petitioner and due to his non-appearance NBW was issued and thereafter, the same has been executed, and that the case has been posted for framing charges and considering the period of incarceration undergone by the petitioner, 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 3/6
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 II Metropolitan Magistrate, Egmore, Chennai and on further conditions that :- [a] the petitioner shall report before the Trial Court, daily at 10.30 a.m., for a period of one month and thereafter, on all the hearing dates, without fail.
[b] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;
[c] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
[d] the Petitioner shall not abscond either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the Petitioner in accordance with law as if the conditions have been imposed 4/6
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 269 B.N.S.
08.05.2025 Anu 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 officialwebsite 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.
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L.VICTORIA GOWRI,J.
Anu To 1.The II Metropolitan Magistrate, Egmore, Chennai 2.The Inspector of Police, D-4 Zam Bazzar Police Station, Chennai.
3.The Superintendent, Puzal Jail, Chennai 4.The Public Prosecutor, High Court of Madras 08.05.2025 6/6