Mannar @ Arunchandar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/08/2023 PRESENT The Hon`ble Mr.Justice P.DHANABAL Mannar @ Arunchandar, ... Petitioner/Accused 2 Vs The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

(Crime No.467/2014).

... Respondent/Complainant For Petitioner : M/s.KRISHNAVENI P, Advocate.

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

PRAYER :- To enlarge the petitioner herein on bail in connection with the case in SC.No.127/2019 before the Learned III Additional District and Sessions Judge, Thanjavur @ Pattukottai in Crime No.467/2014 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A2 herein was arrested and remanded to judicial custody on 18.06.2023 for the alleged offence under Sections 147, 148, 341, 352, 302 r/w. 149 of IPC in Crime No.467 of 2014 (S.C. No.127 of 2019 before the III Additional District and Sessions Judge, Thanjavur @ Pattukottai) on the file of the respondent police 1/4

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 07.12.2022. The petitioner was arrested on execution of Non Bailable Warrant on 18.06.2023.

3.The learned counsel for the petitioner would submit that the petitioner was arrested and remanded to judicial custody in Crime No. 846 of 2022 by the Mayiladuturai Police and he was in custody from 12.11.2022, hence he was unable to appear before the trial Court on 07.12.2022 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 18.06.2023.

4. The learned Additional Public Prosecutor opposing the bail petition would submit that the petitioner is absconding for nearly six months and with much difficulty the respondent police secured the petitioner. Further, if the petitioner is released on bail, he may abscond again and the trial will be stalled.

5. Heard both side and perused the materials available on record.

6. Considering the rival submissions on either side and considering the fact that while the petitioner was in judicial custody in another case Non Bailable Warrant was issued and though several cases are pending against the petitioner he was 2/4

released on bail in those cases and considering the period of incarceration and all other aspects this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 III Additional District and Sessions Judge, Thanjavur @ Pattukottai and on further conditions that: [b] the petitioner shall report before the trial Court on all working days 10.30 am., until further orders.

[c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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]. 3/4

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

sd/- 31/08/2023 / TRUE COPY / 31/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE III ADDITIONAL DISTRICT & SESSIONS JUDGE, THANJAVUR DISTRICT AT PATTUKOTTAI.

2 THE SUPERINTENDENT TRICHY CENTRAL PRISON, TIRUCHIRAPALLI DISTRICT. 3 THE INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.P.KRISHNAVENI, Advocate ( SR-13029[I] dated 31/08/2023 ) ORDER IN CRL OP(MD) No.15856 of 2023 Date :31/08/2023 SA/DD/SAR. /31.08.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4