Karthikeyan @ Bablu v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Karthikeyan @ Bablu ... Petitioner/Accused Rank not known Vs The State of Tamil Nadu, Rep by the Inspector of Police, Dindigul Taluk West Police Station, (Crime No. 157/2019.) ... Respondent/Complainant For Petitioner :
Mr.P.Manikandan, Advocate For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in respect of Spl.S.C no. 330 of 2023 in Crime No. 157/2019 pending before the learned Special court for Exclusive trial of cases under POCSO Act, Dindigul ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 1/5
09.11.2024 for the offences under Sections 147, 148, 109, 398 and 302 of IPC in Spl.S.C no. 330 of 2023 pending before the learned Special court for Exclusive trial of cases under POCSO Act, Dindigul in Crime No.157 of 2019 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that six accused persons are facing trial before the Special Court for various offences. There are totally six accused persons in this case, out of which three are adult accused persons and three are juvenile. The petitioner is one of the juvenile offenders, who has been arrayed as A3. When the matter came up for hearing on 05.11.2024, the accused persons were not present before the Court and hence non bailable warrant was issued. The non bailable warrant was executed and the petitioner was brought before the Court on 09.11.2024 and the petitioner was remanded to judicial custody.
3. The learned Additional Public Prosecutor appearing for the respondent police submitted that when the trial was mid away, the accused persons had chosen to abscond and that till date A1 is yet to be secured and non bailable warrant is pending against A1. He further submitted that already five witnesses have been examined on the side of the prosecution and these witnesses have also been cross examined. He further submitted that there are two previous cases against the petitioner.
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4. Heard the learned Counsel appearing on either side. 5.Taking into consideration the facts and circumstances of the case and considering the fact that that this petitioner has already suffered incarceration from 09.11.2024 and the trial is mid way and taking note of the fact that there are two previous cases pending against the petitioner and also considering the age of the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.
6.Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on executing 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 Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul District, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul District daily at 10.30 a.m, apart from the dates on which, the case is posted for hearing, until further orders. [c] the petitioner shall appear before the trial Court during every hearing 3/5
date without fail.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.
sd/- 06/01/2025 / TRUE COPY / 06/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR To 1.The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, 4/5
2.The Inspector of Police, Dindigul Taluk West Police Station, 3.The Officer Incharge, District Jail, Dindigul.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.22371 of 2024 Date :06/01/2025 ED/ /SAR- (06/01/2025) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5