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Judgment
The appellant, who was arrested on 11.09.2017 under the Non-Bailable Warrant, which was issued on 20.03.2017, for the offence punishable
under Sections 147, 294(b), 323, 324 & 506(ii) of IPC r/w Sections 3 (1) (r)(s), 3 (iii) (Va) of SC/ST (POA) Act, 2015 in Crime No.258 of
2014 on the file of the respondent Police, seeks bail.
The case of the prosecution is that the de facto complainant is the taxi driver and when he was crossing the occurrence place, the accused
persons stood in the middle of the road. Hence, the de facto complainant, questioned them, therefore, the wordy altercation arose between them.
Consequently, accused persons abused the de facto complainant by using filthy language in order to defame the community name of the de facto
complainant. Further, the accused persons attacked the de facto complainant by using wooden log and they caused injuries to him. Further, the
accused persons caused serious life threat to the de facto complainant with dire consequences.
The learned Additional Public Prosecutor appearing for the respondents Police on instruction would submit that totally there are 6 accused in
S.C.No.166 of 2016 pending on the file of the II Additional District & Sessions Judge, Tirunelveli and the appellant herein is arrayed as A1 in the
said case. He further submitted that since A1 was absent on 20.03.2017, NBW was issued against the appellant and was executed on
11.08.2017 and now he is in judicial custody. He also submitted that now case is posted for framing charges, on 08.11.2017 and the said NBW
was issued for the first time against the appellant in the said Sessions case proceedings. He also submitted that the appellant was absconding for
more than 5 months without any sufficient reasons.
The learned counsel for the appellant submitted that the due to the physical illness of the appellant, on 20.03.2017, he could not able to appear
before the above said Court. Hence, Non-Bailable Warrant was issued against the appellant on 20.03.2017 and executed on 11.09.2017 and
now the appellant is in judicial custody. The appellant has not chosen to produce any proper document to show that why he could not appear
before the concerned Court on 20.03.2017 and subsequent dates.
Considering the facts and circumstances of the case and also considering the conduct of the appellant, who is absconding for more than 5
months in this Sessions proceedings, this Court is inclined to grant bail on condition that the appellant is directed to pay a sum of Rs.1,500/- to the
District Legal Service Authority, Tirunelveli. Accordingly, the Criminal appeal is allowed and the appellant is ordered to be enlarged on bail subject
to the following conditions:-
[a] The appellant shall 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 II Additional District & Sessions Judge, Tirunelveli.
[b]the appellant shall report before the learned II Additional District & Sessions Judge, Tirunelveli, daily at 10.30 a.m., until further
orders.
[c]the appellant is directed to pay a sum of Rs.1,500 to the District Legal Service Authority, Tirunelveli.
[d] the appellant shall not tamper with evidence or witness either during investigation or trial.
[e] the appellants 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
appellants in accordance with law, as if the conditions have been imposed and the appellants 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].