Arivazhagan @ Ayyappan And Others vs Inspector Of Police

A.A.Nakkiran, J

The petitioners who were arrested and remanded to judicial custody on 25.11.2022 and 19.11.2022 for the offences punishable under Sections 147, 148, 341 and 506(ii) of IPC and Section 3(1) of Tamil Nadu Prevention of Damages to Public Property Act in S.C.No.170 of 2021 on the file of the learned Additional District Judge at Mayiladuthurai, seek bail.

It is a case of jumped bail. The petitioners were arrested and remanded to judicial custody on 25.11.2022 and 19.11.2022 respectively on execution of non bailable warrant issued against him.

The learned counsel for the petitioners would submit that the petitioners were earlier granted bail and thereafter, they were regularly appearing before the trial Court. On 13.07.2022, they were unable to appear before the Court and subsequently, the learned Magistrate issued non bailable warrant against the petitioners following which, the petitioners were arrested and remanded to judicial custody on 25.11.2022 and 19.11.2022 respectively. He would submit that the petitioners have been suffering incarceration for more than 32 days and 38 days from 25.11.2022 and 19.11.2022 respectively. He would further submit that the petitioners are ready to appear before the Court regularly and to co-operate for the trial. Hence, he prayed to grant bail to the petitioners.

The learned Addl. Public Prosecutor raised objection stating that there are seven previous cases pending against him and due to his absence, the trial court is not able to conduct trial, and after hectic efforts, they were secured. She would submit that the case is posted for hearing on 02.01.2023. Therefore, if they are released on bail, they may abscond and the trial would be stalled.

Considering the above facts and circumstances of the case and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Addl. District Judge, Mayiladuthurai and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(b) the petitioners shall appear regularly for each and every hearing before the trial Court without fail.

(c) the petitioners shall not commit any offences of similar nature;

(d) the petitioners shall not abscond during trial;

(e) the petitioners shall not tamper with evidence or witness during trial;

(f) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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 229A IPC.