Mustafa v. The Inspector Of Police

Crl.O.P.No.4353 of 2016 K.KALYANASUNDARAM, J.

The petitioner, who is arrayed as A-1, was surrendered and remanded to judicial custody on 12.11.2014 for the alleged offences punishable under Sections 364[A], 304, 377 r/w 120[B] of IPC in P.R.C.No.26 of 2009 on the file of the learned Judicial Magistrate No.IV, Salem and hence, seeks bail. 2.The case of the prosecution is that the petitioner earlier arrested and granted bail. While the case was pending, he did not appear before the Court on a particular day, on account of which, Non-Bailable Warrant was issued against him.

3.Learned counsel appearing for the petitioner would submit that the petitioner had been regularly appearing before the Trial Court, due to ill-health, he was not able to appear before the Trial Court on 20.10.2014 and therefore, Non-Bailable Warrant was issued against him. It is further submitted that the petitioner is ready to appear before the Trial Court for all future hearings.

4.Learned Government Advocate [Criminal Side] appearing for the respondent would submit that the petitioner had been regularly appearing before the Trial Court and for the first time, Non-Bailable Warrant was issued against him on 12.11.2014.

5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions.

K.KALYANASUNDARAM, J.

sri 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for Rs.10,000/- [Rupees Ten Thousand only] with two sureties each for a like sum, to the satisfaction of the learned Judicial Magistrate No.IV, Salem and on further condition that the petitioner shall report before the learned Judicial Magistrate No.IV, Salem daily at 10.30a.m. until further orders and the petitioner shall attend all the hearings, unless his absence is condoned by a petition filed under Section 317 of Cr.P.C. by giving valid reasons.

16.03.2016 sri Crl.O.P.No.4353 of 2016