Ajith Kumar @ Itta Ajith v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.05.2025
CORAM
THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Ajith Kumar @ Itta Ajith ... Petitioner Vs.
State represented by, The Inspector of Police, C-3, Seven Wells Police Station, Chennai.
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in S.C.No.172 of 2023 on the file of the XVI Additional District and Sessions Judge, Chennai in Crime No.298 of 2022 on the file of the Inspector of Police, C-3, Seven Wells Police Station, Chennai.
For Petitioner :
Mr.R.Muthukumar For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 08.04.2025 pursuant to the non-bailable warrant issued in S.C.No.172 of 2023 on 1/6
the file of the XVI Additional District and Sessions Judge, Chennai, in connection with Crime No.298 of 2022 registered for the offences punishable under Sections 147, 148, 302, 302, r/w.149 of IPC, seeks bail.
2. It is the case of jumped bail. Since the petitioner failed to appear before the trial Court, a non-bailable warrant of arrest was issued against him on 17.12.2024 and pursuant to the same, he was arrested and remanded to judicial custody on 08.04.2025.
3. Learned counsel appearing for the petitioner submitted that the petitioner was regularly appearing before the court below and he failed to appear for one hearing alone. He further submitted that the petitioner is in custody from 08.04.2025 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for granting bail to the petitioner stating that the trial in S.C.No.172 of 2023 on the file of the XVI Additional District and Sessions Judge, Chennai has been commenced.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, the submission made by the learned counsel appearing on either side and the period of 2/6
incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
7. 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 VIII Metropolitan Magistrate, George Town, Chennai, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall appear before the learned trial Judge, on every Monday at 10.30 a.m., until further orders and he shall also appear before the trial Court on all hearing dates without fail;
[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this 3/6
regard;
[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 15.05.2025 sai/ham 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 the official website of this Court will be watermarked and will also have a QR code.
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To
1. The VIII Metropolitan Magistrate, George Town, Chennai
2. The XVI Additional District and Sessions Judge, Chennai
3. The Inspector of Police, C-3, Seven Wells Police Station, Chennai.
4. The Superintendent, Central Prison at Puzhal. Chennai.
5. The Public Prosecutor, High Court of Madras.
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M.NIRMAL KUMAR, J.
sai/ham 15.05.2025 6/6