S.Babu v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH S.Babu ... Petitioner / Accused No.3 Vs The State of Tamil Nadu represented by the Sub Inspector of Police, Balamedu Police Station, Madurai District.

(Crime No.214 of 2018) ... Respondent / Complainant For Petitioner :

Mr.A.Subramanian, Advocate.

For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.214 of 2018 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 25.10.2024 for the alleged offences under Sections 294(b), 302, 342, 506(ii) 1/5

of IPC, in Crime No.214 of 2018, on the file of the respondent police, seeks bail.

2. The petitioner was facing trial before the learned Vth Additional District and Sessions Judge, Madurai in S.C.No.6 of 2021, wherein the petitioner was arrayed as A3. The petitioner did not attend the Court hearing on 04.08.2024 and hence Non Bailable Warrant was issued against the petitioner. The Non Bailable Warrant was executed and the petitioner was produced before the Court on 25.10.2024 and he was remanded to Judicial Custody.

3. The learned Additional Public Prosecutor submitted that, there are five previous cases pending against the petitioner, out of which, one case is a murder case and yet another case is for the offence of robbery and the petitioner has also involved for the offence under NDPS Act.

4. The learned Additional Public Prosecutor submitted that, there are four accused persons in this case and one after another is absconding, as a result of which, the trial Court was not able to frame charges for a case which is pending from 2021.

5. The learned Additional Public Prosecutor further submitted that, the charges have been framed and the case is now posted for hearing on 05.02.2025 for fixing dates for examination of witnesses.

6. The learned counsel for the petitioner submitted that the petitioner has 2/5

suffered incarceration from 25.10.2024 and that the petitioner undertakes to appear before the Court during every date of hearing without fail.

7. Heard the learned counsel on either side and perused the material records of the case.

8. Taking into consideration the facts and circumstances of the case and considering the fact that the charges have been framed and the case is now posted for fixing dates for examination of witnesses and also taking note of the fact that the petitioner has suffered incarceration from 25.10.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions:

9. 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 sureties, each for a like sum to the satisfaction of the learned Vth Additional District and Sessions Judge, Madurai, 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 Vth Additional District and Sessions Judge, Madurai daily at 10.30.a.m., apart from the hearing dates without fail, until further orders.

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

[d] the petitioner shall not abscond 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 269 of BNS, 2023.

sd/- 20/01/2025 / TRUE COPY / 20/01/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SMA To 1.The V Additional District and Sessions Judge, Madurai.

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2.The Sub Inspector of Police, Balamedu Police Station, Madurai District.

3.The Officer Incharge, District Jail, Dindigul.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.780 of 2025 Date :20/01/2025 ED/ /SAR- (20/01/2025) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5