Ashok Antony v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Ashok Antony Petitioner(s) Vs The State Rep By, The Inspector Of Police G-1, Vepery Police Station, Vepery, Chennai.

Crime No.791 of 2017.

Respondent(s) PRAYER This petition is filed under Section 483 of BNNS to enlarge the petitioner on bail in PRC.No.110 of 2018 on the file of the respondent police. For Petitioner(s):

Mr.T.Padmanabhan For Respondent(s):

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 12.05.2025, for the offences punishable under Sections 341 & 307 of IPC in connection with Crime No.791 of 2017, registered on the file of the respondent, seeks bail.

2. The learned counsel for the petitioner would submit that the petitioner was arrested and released on bail in Crl.M.P.No.8154 of 2017 on 27.05.2017. Subsequently, the petitioner failed to appear before the Court and therefore, a Non-Bailable Warrant was issued against him and he was arrested on 12.05.2025. Now, the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, the learned counsel prayed for grant of bail to the petitioner.

3. Learned Additional Public Prosecutor appearing for the respondent police reiterated the prosecution case and on instructions submitted that the case is pending for committal. If the petitioner is released on bail, he may abscond

and the case could not be proceeded. Hence, strongly opposed for grant of bail to the petitioner.

4. Heard both sides and perused the materials available on record

5. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, and the period of incarceration undergone by the petitioner, 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 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 Metropolitan Magistrate No.II, Egmore 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 report 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 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.

25-06-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

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.

To 1.The Inspector Of Police G-1, Vepery Police Station, Vepery, Chennai.

2. The Metropolitan Magistrate No.II, Egmore.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

jai CRL OP No. 18009 of 25-06-2025