Gowtham v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.08.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Gowtham ..Petitioner Vs.

The State Rep. By The Inspector of Police, H4, Koruttkupet Police Station, Chennai - 600 021.

Crime No.176 of 2022 ...Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending trial in S.C.No.402 of 2023 on the file of the XIX Additional Sessions Judge, City Civil Court, Chennai.

For Petitioner : Mr.K.Mohan Raj For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 30.06.2023 for the offences punishable under Section 399 of IPC pending in S.C.No.402 of 2023 on the file of the learned XIX Additional Sessions Judge, City Civil Court, Chennai in connection with Crime No.176 of 2022, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an accused in S.C.No.402 of 2023. Non Bailable Warrant was issued against him on 05.06.2023 and thereafter, it was executed on 30.06.2023. He further submitted that, petitioner would be very regular hereafter and thus, he seeks bail to the petitioner.

3. In response, the learned Additional Public Prosecutor submitted that, trial in this case is pending.

4. Considering the facts and circumstances in which the NonBailable Warrant was issued against the petitioner and subsequently remanded to Judicial Custody on 30.06.2023 and also having regard to 2/6

the submission of the learned counsel for the petitioner that the petitioner would regularly appear before the Court hereafter, this Court is inclined to grant bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned XIXth Additional Sessions Judge, City Civil Court, Chennai 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 appear before the learned XIXth Additional Sessions Judge, City Civil Court, Chennai on all working day for one month and thereafter on all hearing dates without fail; [c] the petitioner shall not abscond either during investigation or trial.

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[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. 03.08.2023 Sma 4/6

To

1. XIXth Additional Sessions Judge, City Civil Court, Chennai 2.The Inspector of Police, H4, Koruttkupet Police Station, Chennai - 600 021.

3.Central Prison, Puzhal II Chennai.

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

G.CHANDRASEKHARAN. J.

Sma Crl.O.P.No.17264 of 2023 03.08.2023 6/6