Rajesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Rajesh, ... Petitioner/Sole Accused Vs The Inspector of Police, V.K. Puram Police Station, Tirunelveli District (Crime No. 99 of 2014).

... Respondent/Complainant For Petitioner : M/s.P.Kanagaraj Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No. 99 of 2014 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody 1/5

on 01.07.2024 for the offences punishable under Section 306 I.P.C, in crime No.99 of 2014 on the file of the respondent police, seeks bail.

2. Earlier the petitioner was granted bail in Crime No.99 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 18.06.2024, for appearance and he was arrested on 01.07.2024.

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

4. Considering the overall facts and circumstances of the case and also considering the fact that the petitioner was attending the Court regularly and only for the hearing on 18/06/2024, he did not attend the Court and thereafter he was arrested on execution of the non bailable warrant on 1/7/2024, I am inclined to enlarge the petitioner on bail with certain conditions.

5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees 2/5

Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Mahalir Needhimandram, Tirunelveli; (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 appear before the trial Court on all subsequent hearing without fail;

(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]. 3/5

(vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 18/09/2024 / TRUE COPY / 18/09/2024 Sub-Assistant Registrar (CS-I ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1.The Sessions Judge, Mahalir Needhimandram, Tirunelveli;

2. The Inspector of Police, V.K. Puram Police Station, Tirunelveli District.

3.The Superintendent, Central Prison, Palayamkottai.

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

ORDER

IN CRL OP(MD) No.15318 of 2024 Date :18/09/2024 4/5

RK (18/09/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5