Murugan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.19352 of 2021 Murugan ... Petitioner Vs.

The State Rep by its

...Respondent

The Inspector of Police, Veeranam Police Station, Salem District.

(Crime No.455 of 2002) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail concerned in S.C.No.233 of 2006 on the file of Special Judge for EC/NDPS Act Cases, Salem in Crime No.455 of 2002 on the file of Inspector of Police, Veeranam Police Station, Salem District. For Petitioner : Mr.C.Prabakaran For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested on 16.03.2021 and remanded to judicial custody for the offences under Sections 148, 302, 149 r/w 323, 324, 149 r/w 324 and 436 of IPC and 3(1) of TNPPD Act, in S.C.No,233 of 2006 on the file of Special Judge for EC/NDPS Act Cases, Salem, in Crime No.455 of 2002 on the file of the respondent police. seeks bail.

2. The case of the prosecution is that the petitioner was enlarged on bail. When the case was posted for hearing he did not appear before the Court. Accordingly, the lower Court issued Non Bailable Warrant against the petitioner for his non appearance and he was secured on 16.03.2021.

3.The learned counsel appearing for the petitioner submits that the petitioner is now ready to appear before the trial Court and to abide by any stringent conditions imposed by this Court. Hence he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submitted that there is no previous case pending as against the petitioner. However, he vehemently opposed for grant of bail to the petitioner.

5.Considering the nature of the case as also the fair submission made by the learned counsel for the petitioner and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner.

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 Special Judge for EC/NDPS Act, Cases, Salem, and on further condition 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 the trial Court daily at 10.30 a.m., until further orders.

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

-sd/- 20/10/2021 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 SPECIAL JUDGE FOR EC/NDPS ACT CASES, SALEM.

2 THE INSPECTOR OF POLICE, VEERANAM POLICE STATION, SALEM DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.PRABAKARAN Advocate on payment of necessary charges CRL OP.19352/2021 Date :20/10/2021 CSK 21/10/2021