Guru @ Paramaguru vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 22.10.2021 for the alleged offence under Sections 304A of I.P.C.,@ 147, 341, 302, 364, 201, 120(b), r/w 109, 34 of I.P.C. in Crime No.293 of 2012 on the file of the respondent police, pending trial in S.C.No.417 of 2021 on the file of learned III Addl. Sessions Judge, Kallakurichi, seeks bail.

It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 22.10.2021 pursuant to the non-bailable warrant issued against him.

The learned counsel appearing for petitioner would submit that earlier he was granted bail and he was regularly appearing before the trial court. However, on 09.10.2018, due to non-appearance of the petitioner before the trial court, the learned Judge ordered non-bailable warrant against the petitioner, thereby he was detained under PT warrant on 22.10.2021 on execution of non-bailable warrant while he was in Cuddaore Prison in respect of the case in P.R.C.No.12 of 2020, on the file of Judicial Magistrate, Sankarapuram. He would submit that he is in jail from 22.10.2021 and this is the second petition seeking for bail before this court. He would submit that he is working as a lorry driver and he is ranked as A4 in this case and co-accused were released on bail. He would submit that so far, there was no progress in the trial proceedings. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that for more than three years, he is absconding and thereafter, after hectic efforts, he was secured only on 22.10.2021. He would further submit that the criminal case registered in the year of 2012 and Sessions Case is of the year 2021. So after securing him only, the trial court has to commence the trial. He would submit that there was no progress in the trial inspite of securing the accused, since because one of accused died. He would submit that there are 5 previous cases including 3 cases under Sec.302 I.P.C. pending against the petitioner. Hence, if he is released on bail, there is possibility of hampering the investigation. Therefore, he vehemently opposed to grant bail to the petitioner.

Considering the above facts and circumstances and also the fact that he is suffering incarceration from 22.10.2021 for more than 1 year 8 months, however, it is brought to notice that he gave address of Sankarapuram, but he is not permanently residing at his native place, but the learned counsel for petitioner submits that mother of petitioner and his family members are residing at Anna Nagar, Sankarapuram, produced the Aadhar card and the fact that now investigation is almost completed, 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 bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which, one surety must be a blood surety, each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Kallakurichi 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 stay at Anna Nagar, Sankapuram and he shall appear before the respondent police on every Tuesday, Friday and Sunday at 10.30 a.m. until completion of trial proceedings and he shall appear before the trial court for every hearing without fail;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned 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 petitioners 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.