Sathish v. The Inspector Of Police

CRL OP(MD). No.17973 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.17973 of 2022 Sathish ... Petitioner/Accused No.12 Vs The State rep.by, The Inspector of Police, Ramji Nagar Police Station, Trichy District.

Crime No.191/2003.

... Respondent/Complainant For Petitioner : M/s.Jameelarasu B, Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.191/2003 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A12 herein was arrested and remanded to judicial custody on 13.09.2022 for the alleged offence under Sections 147,148,447,307 of IPC r/w.Section 3(1) of TNPPDL Act in Crime No.191 of 2003 on the file of the respondent police seeks bail.

2. Earlier the petitioner was arrested and released on bail. Thereafter the petitioner did not appear before the trial Court , hence Non Bailable Warrant was issued on 14.07.2022. The petitioner was arrested on execution of Non Bailable Warrant on 13.09.2022. 3.The learned counsel for the petitioner would submit that the petitioner is regularly appearing before the trial Court on all hearing dates and due to his ill health he was unable to appear before the trial Court, due to which Non Bailable Warrant came to be issued and the petitioner was remanded to custody pursuant to the execution of Non Bailable Warrant on 13.09.2022 4.The learned Additional appearing for the State would submit that if the petitioner is released on bail, he will abscond again. 5.Taking into consideration all the allegations made against the petitioner and also the fact that the petitioner was arrested on https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.17973 of 2022 execution of Non bailable Warrant and also taking into consideration the period of incarceration, this Court inclined to grant bail to the petitioner by imposing conditions.

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Trichy. 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 report before the Judicial Magistrate No.I, Trichy on every Wednesday at 10.30 am., for a period of six months and also on all hearing dates 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]. sd/- 07/10/2022 / TRUE COPY / 07/10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, TRICHY 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE RAMJI NAGAR POLICE STATION, TRICHY DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.17973 of 2022 Date :07/10/2022 AAV MK/SBN/SAR.I/07.10.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2