Makeshkumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.09.2023

CORAM

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

The State Rep. By The Inspector of Police, H-6, R.K.Nagar Police Station, Chenai - 600 021.

Crime No.402 of 2019 ...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.138 of 2022 on the file of the II Additional Sessions Judge, Chennai. For Petitioner : Mr.N.Vijayakumar For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.08.2023 for the offences punishable under Sections 294(b), 392 read with Section 397 and 506(2) of IPC read with Section 34 of IPC pending in S.C.No.138 of 2022 on the file of the learned II Additional Sessions Judge, Chennai in connection with Crime No.402 of 2019, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an accused in S.C.No.138 of 2022. Since, petitioner did not appear before the Court, Non Bailable Warrant was issued against him on 10.07.2023 and thereafter, it was executed on 25.08.2023. 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 opposes the petition on the ground that, due to the absence of the petitioner, there is a delay in trial.

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4. Considering the circumstances under which the NonBailable Warrant was issued against the petitioner and subsequently remanded to Judicial Custody on 25.08.2023 and also having regard to 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 XVth Metropolitan Magistrate, George Town, 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 XVth Metropolitan Magistrate, George Town, Chennai on all working days until further orders and on all hearing dates without fail; 3/6

[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. 05.09.2023 Sma 4/6

To

1. Metropolitan Magistrate, George Town, Chennai 2.The Inspector of Police, H-6, R.K.Nagar Police Station, Chenai - 600 021.

3.Central Prison, Puzhal, Chennai.

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

G.CHANDRASEKHARAN. J.

Sma Crl.O.P.No.20609 of 2023 05.09.2023 6/6