Babu @ Sarath Babu vs State Represented By, The Inspector Of Police

The petitioner seeks bail in S.C. No.65 of 2024 in Crime No.71 of 2023, on the file of the respondent police for the offence under Section 302 of IPC. The petitioner has been remanded to judicial custody on 12.08.2026 on execution of NBW issued against him on 09.07.2026.

The learned counsel for the petitioner submitted that the petitioner is an accused facing trial in S.C.No.65 of 2024. He further submitted that since the petitioner was unable to appear before the trial Court, due to miscommunication by his counsel. Hence a non-bailable warrant was issued against him on 09.07.2026, and pursuant to the same, he was arrested on 12.08.2026. He also submitted that the petitioner would undertake that hereafter he would regularly appear before the trial court on all hearing dates and also stated that he is prepared 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.65 of 2024. He further submitted that this is the third occasion, which NBW has been issued against him and that the petitioner has five previous cases, pending against him. He further submitted that now the case is posted for the examination of LW.1. Hence, he opposed 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 and thereafter NBW was issued and immediately, the same has been executed and considering the fact that after completion of investigation, charge sheet has been filed and also considering the undertaking given by the petitioner that he is ready to co-operate for speedy disposal of the trial, 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 Session 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 everyday at 10.30 a.m., until further orders, without fail.

[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.