Saravanan v. Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 341, 294(b), 302, 506(ii), 149, 114 of IPC pending in S.C.No.154 of 2019 on the file of the learned Principal District Judge, Chengalpattu, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that, petitioner did not appear before the trial Court on 09.06.2023 for facing trial in S.C.No.154 of 2019. Therefore, NBW was issued against him. Apprehending arrest, this petition is filed. He would be regular in attending the Court hereafter.

3. In response, learned Government Advocate (Crl. Side) submitted that, S.C.No.154 of 2019 is pending from the year 2019. There are totally eight accused in this case. It was the accused, who always remains absent before the trial Court, resulting in delay in the trial.

4. Considering the nature, facts and circumstances in which non-bailable warrant was issued against the petitioner and the undertaking given by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. The learned Principal District Judge, Chengalpattu is directed to secure the presence of all the accused and proceed with the trial.

5. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Principal District Judge at Chengalpet, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and 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 learned Principal District Judge, Chengalpattu daily at 10.30.a.m., for a period of one month and thereafter on all hearing dates.

[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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

12.07.2023 sma

G.CHANDRASEKHARAN.

J.

sma 12.07.2023