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Madras High CourtCRL OP/18526/2022granted

D.Vinothkumar @ Vinothkumar v. State Rep By

2022-08-05Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Vinothkumar ....Petitioner Vs.

The State rep. by The Inspector of Police, Vellore North Crime Police Station, Vellore District.

Crime No.11 of 2007

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in C.C.No.28 of 2007 on the file of the Learned Judicial Magistrate No.IV, Vellore. For Petitioner : Mr. D.Jayapriya For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

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The petitioner was arrested on 13.06.2022, on execution of Non-Bailable Warrant issued by the learned Judicial Magistrate No.IV, Vellore for the offence under Sections 379 of IPC pending trial in C.C.No.28 of 2007 in respect of crime No.11 of 2007 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution is that the petitioner has been arrayed as an accused in Crime No.11 of 2007 under Sections 379 of IPC and after filing charge sheet, the same was pending before the learned Judicial Magistrate No.IV, Vellore. Thereafter, the petitioner did not appear before the trial Court. Hence, the lower Court has issued Non-Bailable Warrant against the petitioner and the petitioner was arrested on 13.06.2022.

3.The learned counsel appearing for the petitioner would submit that the non-appearance before the lower Court by the petitioner is neither wilful nor wanton. However, he would also submit that the petitioner is ready to abide any condition as imposed by this Court and 2/6

seeks for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that the lower Court has issued Non-Bailable Warrant against the petitioner. Thereafter, the petitioner was arrested on same date. He would further submit that the case is pending for trial from the year 2007. Hence, he vehemently opposed to grant bail to the petitioner.

5. The petitioner was arrested and released on bail in crime No.11 of 2007. After completion of investigation, the respondent filed final report and the same has been taken cognizance in C.C.No.28 of 2007 pending on the file of the learned Judicial Magistrate No.IV, Vellore. However, the petitioner was absent before the trial court. As such, Non Bailable Warrant was issued against him and the same was executed and they were remanded to judicial custody. 6.Considering the above facts and circumstances of the case 3/6

and also the period of incarceration by the petitioner, this Court is inclined to grant bail to the petitioner.

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 Judicial Magistrate No.IV, Vellore 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 petitioner shall report before trial Court viz., Judicial Magistrate No.IV, Vellore twice daily at 10.30 a.m and 05.30 p.m. until further orders;

[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 4/6

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.

05.08.2022 Sma To

1. Judicial Magistrate No.IV, Vellore 2 .The Inspector of Police, Vellore North Crime Police Station, Vellore District.

3. Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras 5/6

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.18526 of 2022 05.08.2022 6/6