Selvakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/01/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Selvakumar ... Petitioner/Sole Accused Vs State Rep. by The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.
Crime No. 430/2015.
... Respondent/Complainant For Petitioner : M/s.Maheswaran.R, Advocate.
For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 430/2015 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/ sole accused herein was arrested and remanded to judicial custody on 19.12.2020 for the alleged offence under Sections 326 and 307 of IPC
2. Earlier the petitioner was arrested and released on bail. Thereafter the petitioner did not appear before the trial Court , hence Non Bailable Warrant was issued on 02.09.2020. The petitioner was arrested on execution of Non Bailable Warrant on 19.12.2020. 3.The learned counsel for the petitioner would submit that the petitioner is regularly appearing before the trial Court on all hearing dates and due to his ill health he was unable to appear before the trial Court, due to which Non Bailable Warrant came to be issued and the petitioner was remanded to custody pursuant to the execution of Non Bailable Warrant on 19.12.2020. 1/3
4.Heard the learned Government Advocate (Crl.Side) appearing for the State.
5.Taking into consideration all the facts and circumstances of the case and also the fact that the Non Bailable Warrant was issued for the first time on 02.09.2020 and petitioner was arrested on execution of Non bailable Warrant and also taking into consideration the period of incarceration, this Court inclined to grant bail to the petitioner by imposing conditions. 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand only) with two blood related sureties each for a like sum to the satisfaction of the Fast Track Mahila Court, Thanjavur i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity ii) the petitioner shall report before the learned Fast Track Mahila Court, Thanjavur daily at 10.30 a.m until further orders. iii)the petitioner shall not tamper with evidence or witness. iv) the petitioner shall not abscond during trial.
v)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]. vi) If the petitioner/ accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 11/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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TO 1 THE JUDGE, FAST TRACK MAHILA COURT, THANJAVUR.
2 THE INSPECTOR OF POLICE, PATTUKOTTAI POLICE STATION, THANJAVUR DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.364 of 2021 Date :11/01/2021 aav JM/PN/SAR II/11.01.2021/3P/5C 3/3