M.Athmanathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI M.Athmanathan ... Petitioner/Accused NO.2 Vs The State rep.by The Inspector of Police, Karaikudi South Police Station Sivagangai District Crime No.487 of 2012 ... Respondent/Complainant For Petitioner : Mr.SUYAMBULINGA BHARATHI, Advocate.

For Mr.KR.BHARATHI KANNAN Advocate For Respondent : Mr.T.SENTHILKUMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.487 of 2012 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2 is facing a charge of the offence under Section 302 I.P.C r/w Section 34 I.P.C in S.C.No.108 of 2013 on the file of the Additional District and Sessions Judge, Sivagangai.

2. Since the petitioner failed to appear before the trial Court, a Non Bailable Warrant of arrest was issued on 18.07.2017. On 25.08.2021, the petitioner was arrested on execution of Non Bailable Warrant and remanded to judicial custody. Now, the petitioner is before this Court seeking bail.

3. The learned counsel for the petitioner submits that on the strength of the confession, the petitioner was falsely implicated by the respondent police. The petitioner is working as a driver. In view of his nature of employment, he failed to appear before the trial Court on 18.07.2017. He further submits that the petitioner has voluntarily surrendered before the Additional District and Sessions Judge, Sivagangai on 25.08.2021 with proper petition for 1/3

recalling the non bailable warrant issued as against him, but the same was dismissed. The non-appearance on the part of the petitioner is neither wilful nor wanton, but occurred due to the reasons stated above. He further submits that the petitioner will appear before the trial Court on all future hearing dates without fail and he will not file any petition for condoning his absence and he is prepared to file an affidavit to that effect before the trial Court. 4.The learned Additional Public Prosecutor submits that due to non-appearance of the petitioner, Non-Bailable Warrant of arrest was issued. He further submits that though NBW was issued as early as on 18.07.2017, the petitioner was secured only on 25.08.2021. Therefore, he strongly opposed for grant of bail to this petitioner. 5.It appears that the case has been committed to the Court of Sessions and is pending for trial.

6.Considering the facts and circumstances of the case, the willingness of the petitioner to file an undertaking affidavit and also the period of incarceration, this Court is inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is ordered. The petitioner is directed to be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two sureties each for a like sum to the satisfaction of the learned Additional District and Sessions Judge, Sivagangai and on further conditions that:

[a] the persons who are giving sureties should be respectable persons in their locality, having permanent address and the sureties shall ensure the availability of the petitioner for the entire trial.

[b] the sureties shall affix their photographs and left thumb impression in the surety bond and the Judge may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [c] the petitioner shall report before the trial Court daily for a period of 30 days and thereafter, shall appear before the trial Court on all future hearing dates without fail. [d] the petitioner shall file an undertaking affidavit before the trial Court that he will appear before the Court regularly without filing any application to condone his absence on any date of hearing.

[e] the petitioner shall not abscond during the trial. [f] the petitioner shall not tamper with the evidence or witness during trial.

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

sd/- 22/09/2021 / 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.

TO 1.THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SIVAGANGAI 2.THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

3.THE INSPECTOR OF POLICE, KARAIKUDI SOUTH POLICE STATION SIVAGANGAI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.13821 of 2021 Date:22/09/2021 SA/VR/SAR.4/22.09.2021/3P/5C 3/3