Suresh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.13383 of 2024 Suresh ... Petitioner/Accused No.6 Vs The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.
(In Crime No.303 of 2014).
... Respondent/Complainant For Petitioner : Mr.P.Veerpandi Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor Petition for Bail under Sec.483 of BNSS PRAYER :- To release the petitioner in connection with Non Bailable Warrant issued against him in S.C.No.451 of 2021 in Crime No.303 of 2014 on the file of the learned I Additional District and Sessions Judge, Tirunelveli, Tirunelveli District. ORDER : The Court made the following order :- This Petition is filed to release the petitioner in connection with Non Bailable Warrant issued against him in S.C.No.451 of 2021 in Crime No.303 of 2014 on the file of the learned I Additional District and Sessions Judge, Tirunelveli, Tirunelveli District.
2. The petitioner/Accused, who was arrested and remanded to judicial custody on 12.06.2024 for the offences punishable under Sections 147, 148, 294(b), 302, 120(b), 149 114 r/w. 34 I.P.C , in crime No.303 of 2014 on the file of the respondent police, seeks bail.
3. Earlier the petitioner was granted bail in Crime No.303 of 2014 and in S.C, stage he absconded. After filing charge sheet, as the summon could not be served upon the petitioner, the trial Court, has issued non bailable warrant on 12.06.2024, for appearance and he was arrested on the same day ie. 12.06.2024.
4. Heard the learned counsel on either side and perused the material records of the case.
5. Considered the fact that the petitioner did not appear before the trial Court on 12.06.2024 and he was arrested on the same day and the case is under Section 302 I.P.C and there are 25 accused in the case and one after the other accused are dragging on the matter. Considered the fact that the petitioner has got seven previous cases, the petitioner has to put on stringent conditions while enlarging him on bail. The learned counsel for the petitioner submits that any stringent condition may be imposed and he is even willing to comply with the cash security. In view thereof, the petitioner is released on bail on condition that he will deposit a sum of
Rs.25,000/- as cash surety to the credit of S.C.No.451 of 2021 on the file of the learned I Additional District and Sessions Judge, Tirunelveli, Tirunelveli District.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing his own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) and also with two sureties each for a like sum to the satisfaction of the learned I Additional District and Sessions Judge, Tirunelveli, Tirunelveli District;
(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) he will deposit a sum of Rs.25,000/- as cash surety to the credit of S.C.No.451 of 2021 on the file of the learned I Additional District and Sessions Judge, Tirunelveli, Tirunelveli District. Upon such deposit, the petitioner shall be enlarged on bail;
(iii) the petitioner shall appear before the trial on all subsequent hearing without fail;
(iv)the petitioner shall not tamper with evidence or witness;
v)the petitioner shall not abscond during trial. vi)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]. sd/- 23/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE I ADDITIONAL DISTRICT & SESSIONS JUDGE, TIRUNELVELI,TIRUNELVELI DISTRICT.
2 THE INSPECTOR OF POLICE TIRUNELVELI TALUK POLICE STATION TIRUNELVELI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.VEERPANDI.P Advocate SR.No.10358
ORDER
IN CRL OP(MD) No.13383 of 2024 Date :23/08/2024 MGJ(23.08.2024) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023