Arun @ Appu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Arun @ Appu ... Petitioner Vs.

The State represented by, The Inspector of Police, Otteri Police Station, Chennai.

(Crime No.547 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in S.C.No.12 of 2024 on the file of the learned XVI Additional District and Sessions Judge, Chennai, in Crime No.547 of 2023 on the file of the respondent Police.

For Petitioner :

Mr.S.Sathish Kumar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of S.C.No.12 of 2024 pending on the file of the learned XVI Additional District and Sessions Judge, Chennai, 1/6

in connection with Crime No.547 of 2023 registered for the offences punishable under Sections 147, 148, 341, 294(b), 324, 302 and 506(ii) of IPC, is on board for consideration.

2. Learned counsel for the petitioner submits that the petitioner, who is arrayed as A1, is facing trial in S.C.No.12 of 2024 pending on the file of the learned XVI Additional District and Sessions Judge, Chennai. He further submits that the petitioner has been regularly appearing before the trial Court on all hearing dates, however, due to his illness, he was unable to appear before the trial Court on 30.09.2024, thereby, the trial Court has issued a Non Bailable Warrant of arrest against him. He also submits that the petitioner was arrested on 21.10.2024. He further submits that the petitioner undertakes that he will appear before the trial Court on all hearing dates without fail and he will co-operate for speedy disposal of the trial. Hence, he prayed for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent, while objecting for grant of bail, submits that the petitioner/A1, who is facing trial in S.C.No.12 of 2024 before the XVI Additional District and Sessions Court, Chennai, has failed to appear before the trial Court on 2/6

30.09.2024, thereby, the trial Judge has issued a Non-Bailable Warrant of arrest against him and the same was executed on 21.10.2024. He further submits that the case now stands posted on 19.12.2024 and also submits that the petitioner is a History sheeted rowdy 'B' category having 10 previous cases.

4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record including the counter filed by the respondent and considering the fact of the case and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties (out of which, one surety should be a blood related surety), each for a like sum to the satisfaction of the learned XVI Additional District and Sessions Judge, 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 3/6

Bank pass Book to ensure their identity;

[b] the petitioner shall appear before the learned XVI Additional District and Sessions Judge, Chennai, on all working days at 10.30 a.m., for a period of three weeks and thereafter, on the dates fixed by the learned Judge;

[c] the petitioner shall not abscond during trial and shall co-operate for speedy disposal of the trial;

[d] the petitioner shall not tamper with evidence or witness during 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 269 of B.N.S. 17.12.2024 ham 4/6

To

1. The XVI Additional District and Sessions Judge, Chennai.

2. The Inspector of Police, Otteri Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

5/6

A.D.JAGADISH CHANDIRA.,J.

ham 17.12.2024 6/6