Meera Mohaideen v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Meera Mohaideen ... Petitioner/1st Accused Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.
(Cr. No. 19/2016).
... Respondent/Complainant For Petitioner : Mr.B.Santhanam Rajesh Kumar, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To release the Petitioner/Accused on bail in S.C. No. 163 of 2018 in Crime no. 19 of 2016 on the file of the Learned Additional District and Sessions Judge, Sivagangai, Sivagangai District.
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ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 20.12.2024 for the offences under Sections 489(B) of IPC in S.C. No. 163 of 2018 n the file of the Learned Additional District and Sessions Judge, Sivagangai, Sivagangai District in Crime No.19 of 2016 on the file of the respondent police, seeks bail.
2. The petitioner was facing trial along with four other accused persons in S.C.No.163 of 2018 before the Additional District and Sessions Judge, Sivagangai for the offence under Section 489(B) of IPC. On 26.11.2024, the petitioner was not present before the Court and hence non bailable warrant was issued on 10.12.2024 and the petitioner has filed a recall petition on 20.12.2024 and the same was dismissed and the petitioner was secured and produced before the Court on 20.12.2024 and from then on, the petitioner has been remanded to judicial custody. There were originally five accused persons in this case and the petitioner was arrayed as A1.
3. The learned Additional Public Prosecutor appearing for the respondent police submitted that all the accused persons were absconding in this case and non 2/6
bailable warrant was issued against all of them. The non bailable warrant was able to be executed against the petitioner only on 20.12.2024. He further submitted that till date, non bailable warrant is pending against A2 and A3. He also submitted that A4 died during the pendency of the case and there is no previous case against the petitioner. Therefore, he vehemently opposed the grant of bail to the petitioner.
4. The learned Counsel appearing for the petitioner submitted that due to ill health, the petitioner was not able to be present before the Court on 26.11.2024 and hence non bailable warrant was issued and the petitioner was secured and he is facing incarceration from 20.12.2024. He further submitted that the petitioner undertakes to appear before the Court below during every date of hearing without fail and requested this Court to impose any condition by enlarging the petitioner on bail.
5. Taking into consideration the facts and circumstances of the case and considering the fact that the sessions case is of the year 2018 and there is no progress in this case since the accused persons have absconded and the petitioner, against whom non bailable warrant was issued on 10.12.2024, was able to be secured on 20.12.2024 and considering the fact that two other accused persons are yet to be 3/6
secured by the police and non bailable warrant is pending against them and taking note of the fact that this petitioner has already suffered incarceration from 20.12.2024 and there are no previous cases against the petitioner and also taking note of the fact that A5 was already granted bail by this Court in Crl.O.P(MD)No.22543 of 2024, by order dated 06.01.2025, this Court is inclined to grant bail to the petitioner subject to the following conditions.
6. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on executing 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 Additional District and Sessions Judge, Sivagangai, Sivagangai District, 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 report before the learned Additional District and Sessions Judge, Sivagangai District, every Monday and Friday at 10.30 a.m until further orders apart from the dates of hearing without fail. 4/6
[c] the petitioner shall appear before the trial Court during every hearing date without fail.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.
sd/- 08/01/2025 / TRUE COPY / 08/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SIVAGANGAI.
2 THE INSPECTOR OF POLICE, THIRUPPATHUR TOWN POLICE STATION, SIVAGANGAI DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, THIRUPPATHUR, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.254 of 2025 Date :08/01/2025 SS/SAR- /08/01/2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6