Durai @ Duraisamy v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.28997 of 2023 Durai @ Duraisamy ... Petitioner Vs.

The State rep by The Inspector of Police, Belukurichi Police Station, Namakkal District, Crime No.3 of 2019 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail in Crime No.3 of 2019 pending on the file of the respondent Police. For Petitioner : Mr.E.Kannadasan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody, pursuant to the non-bailable warrant of arrest issued against him in C.C.No.79 of 2022, pending on the file of the learned Judicial Magistrate, Sendamangalam, Namakkal District seeks bail.

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2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in C.C.No.79 of 2022 , for the alleged offence under Sections 454 and 380 of IPC, pending on the file of the learned Judicial Magistrate, Sendamangalam, Namakkal District. He further submitted that as the petitioner has all along been regularly appearing before the trial Court on all hearing dates, while so, he was arrested in connection with crime No.374 of 2002, subsequently he was detained under Act 14 of 1982, he was unable to appear before the trial Court on 20.09.2021, thereby, the trial Court has issued a Non Bailable Warrant of arrest against him and pursuant to which, he was arrested on 29.03.2023.

3. He further submitted that the petitioner is an innocent person and he is prepared to furnish adequate sureties and also prepared to abide by any stringent conditions that may be imposed by this Court. He also submitted that the petitioner would ensure that he will appear before the trial Court on all hearing dates without fail. Therefore, he prays for grant of bail to the petitioner.

4. Learned Additional Public Prosecutor appearing for the respondent submitted that since the petitioner, who is an accused facing trial in C.C.No.79 of 2022, pending on the file of the learned Judicial Magistrate, 2/5

Sendamangalam, Namakkal District has failed to appear before the trial Court on 20.09.2021, a Non-Bailable Warrant was issued against him and pursuant to the same, he was arrested on 29.03.2023. She further submitted that this is the fifth Non-Bailable Warrant issued against the petitioner. Hence, she vehemently opposed to grant bail to the petitioner.

5. Heard both side and perused the materials available on record.

6. Considering the rival submissions made on either side and taking into consideration the period of incarceration undergone by the petitioner and he was arrested in connected with crime No.374 of 20002, subsequently he was detained under Act 14 of 1982, he was unable to appear before the trial Court on 20.09.2021, I am inclined to grant bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sendamangalam and on further conditions that: [b] the petitioner shall report before the Judicial Magistrate, Sendamangalam, Namakkal District , daily at 10.30 a.m., until further orders. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial.

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[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

28.12.2023 smn/shl To

1. The Judicial Magistrate, Sendamangalam

2. The Inspector of Police, Belukurichi Police Station, Namakkal District,

3. The Central prison, Madurai

4. The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

smn/shl Crl.O.P.No.28997 of 2023 28.12.2023 5/5