Akash vs State rep. By The Inspector of Police

The petitioner seeks bail in S.C.No.410 of 2022 in Crime No.688 of 2020, on the file of the respondent police for the offences under Sections 147, 148, 341, 294(b), 302 r/w 149 of IPC. The petitioner has been remanded to judicial custody on 19.06.2026 on execution of NBW issued against him.

Learned counsel for the petitioner submitted that the main case is pending in S.C.No.410 of 2022 on the file of the learned X Additional Sessions Judge, Chennai, for the offence under Section 302 IPC. Due to his non-appearance, a Non-Bailable Warrant was issued on 15.09.2025 and executed, pursuant to which he was arrested on 19.06.2026. He further submitted that the earlier bail petition was dismissed on the ground that the petitioner had been absconding for more than eight months, which had delayed the trial, and that there was a likelihood of the petitioner absconding if enlarged on bail. However, after his arrest, there has been no progress in the trial till date and he is ready to undertake to appear regularly before the Trial Court on all hearing dates and is willing to comply with any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner is facing trial in S.C.No.410 of 2022. Since the petitioner failed to appear before the trial Court, a NBW was issued against him on 15.09.2025, pursuant to which he was arrested and remanded to judicial custody on 19.06.2026. There are 3 previous cases are pending against the petitioner. Hence, he oppose for grant of bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

Considering the fact that bail had already been granted to the petitioner, the Non-Bailable Warrant issued against him was immediately executed, and the case has been pending since 2022 without the Court taking cognizance of the offence, coupled with the reason stated for his non-appearance before the Trial Court, this Court is inclined to grant bail to the petitioner with certain conditions:

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, for a like sum to the satisfaction of the learned X Additional Sessions Judge, Chennai, and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety lhip [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the Trial Court daily at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.