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Madras High CourtCRL OP/20497/2022granted

Ramesh v. State Rep By

2022-08-29Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Ramesh

...Petitioner

Vs.

State Rep. by:

The Inspector of Police, Sembanarkovil Police Station, Mayiladuthurai District.

(Crime No.227 of 2013) ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in S.C.No.19 of 2021 on the file of the Additional District Court, Mayiladuthurai. For Petitioner :Mr.C.T. Saravanan For Respondent :Mr.A.Damodaran Additional Public Prosecutor 1/6

ORDER

The petitioner was arrested on 27.07.2022, on execution of Non-Bailable Warrant issued by the learned Additional District Judge, Mayiladuthurai for the offence under Sections 294(b), 336 of IPC and Section 3(1) of TNPPDL Act pending trial in S.C.No.49 of 2021 in respect of crime No.227 of 2013 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.227 of 2013 under Sections 294(b), 336 of IPC and Section 3(1) of TNPPDL Act and after filing charge sheet, the same was pending before the learned Additional District Judge, Mayiladuthurai. Thereafter, the petitioner did not appear before the lower Court on 01.07.2022. Hence, the lower Court has issued Non-Bailable Warrant against the petitioner on the same day. Thereafter, the petitioner was arrested on 27.07.2022.

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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 seeks for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the lower Court has issued Non-Bailable Warrant against the petitioner on 01.07.2022. Thereafter, the petitioner was arrested on 27.07.2022. He would further submit that the case is pending for trial from the year 2013. Hence, he vehemently opposed to grant bail to the petitioner.

5. The petitioner was arrested and released on bail in crime No.227 of 2013. After completion of investigation, the respondent filed final report and the same has been taken cognizance in S.C.No.49 of 2021 pending on the file of the learned Additional District Judge, 3/6

Mayiladuthurai. However, the petitioner was absent before the trial court. As such, Non Bailable Warrant was issued against him and the same was executed and he was remanded to judicial custody on 27.07.2022. 6.Considering the above facts and circumstances of the case and also considering the period of incarceration undergone 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 blood sureties, each for a like sum to the satisfaction of the learned Additional District Court, Mayiladuthurai, 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 the learned Additional District Judge, Mayiladuthurai twice daily at 10.30 a.m. and 5.30 4/6

p.m., for a period of four weeks and thereafter as and when required for interrogation.

[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 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.

29.08.2022 Sma 5/6

G.K.ILANTHIRAIYAN,J.

Sma To

1. Additional District Judge, Mayiladuthurai.

2.The Inspector of Police, Sembanarkovil Police Station, Mayiladuthurai District.

3. Sub-Jail, Mayiladuthurai.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.20497 of 2022 29.08.2022 6/6