Arokiyaraj @ Arokiyam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.20496 of 2020 Arokiyaraj @ Arokiyam ... Petitioner Vs.

The State Rep. by The Inspector of Police, M-1 Madhavaram Police Station, Madhavaram, Chennai.

(Crime No. 1346 of 2015 ) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.1346 of 2015 pending investigation on the file of the Respondent. For Petitioner : Mr. S. Ponnivalavan For Respondent : Mr.M. Prabavathy, APP

O R D E R

(The case has been heard through video conference) Petitioner, who was arrested and remanded to judicial custody on 29.10.2020 for the offence punishable under Sections 147, 148, 341, 336, 302, 506(ii) IPC r/w. 149 IPC in Crime No.1346 of 2015, seeks bail.

2. It is a case of jumped bail. Totally there are seven accused and the petitioner is A7 in PRC No.51 of 2015, which is pending for committal, on the file of the District Munsif cum Judicial Magistrate, Madhavaram, Chennai. Earlier, the petitioner was granted bail and subsequently, he did not appear before the Committal Court and hence, on 23.03.2017, the learned Judge had issued Non Bailable Warrant against the petitioner, pursuant to which, the petitioner was arrested and remanded to judicial custody on 29.10.2020, simultaneously for violation of bail condition, a criminal case has been registered for an offence under Section 229-A IPC. Now, he prays to grant bail.

3. The learned counsel for the petitioner would submit that the petitioner was unable to appear before the Committal Court due to illness and he has no intention to violate the bail condition. Therefore, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor vehemently opposed stating that the case is pending for Committal from the year 2015. Since the petitioner did not appear before the Committal Court, the committal Judge issued NBW against the petitioner on 23.03.2017. If the petitioner is released on bail, he may once again abscond.

5. Considering the facts and circumstances of the case, and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 District Munsif cum Judicial Magistrate, Madhavaram, Chennai and on further conditions that: (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner shall appear before the Committal Court, i.e., District Munsif Cum Judicial Magistrate, Maadhavaram, Chennai, on all working days at 10.30 a.m., for a period of four weeks and thereafter, on all hearing dates without fail;

(d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) 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 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]; (h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 02/02/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, MADHAVARAM, CHENNAI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE M-1 MADHAVARAM POLICE STATION, MADHAVARAM, CHENNAI.

+1 CC to M/S.S.PONNIVALAVAN Advocate on payment of necessary charges SR.No.1007 CRL OP.20496/2020 Date :02/02/2021 cs 03/02/2021