Kannan vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 27.10.2022 for the offences under Sections 448 I.P.C. r/w 3(1) of TNPPDL Act, in Crime No.333 of 2013, on the file of the respondent police, in S.C.No.190 of 2021 on the file of the learned Additional District Court, Mayiladuthurai, seeks bail.

It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 27.10.20221 on execution of non bailable warrant issued against him.

The learned Counsel for the petitioner would submit that the petitioner was earlier granted bail and thereafter, he was regularly appearing before the trial Court. On 19.07.2022, due to absence of the petitioner, a petition under Sec.317 Cr.P.C. was filed and it was returned and subsequently, the learned Magistrate issued non bailable warrant against the petitioner following which, the petitioner was arrested and remanded to judicial custody on 27.10.2022. He would submit that the petitioner has been suffering incarceration for 38 days from 27.10.2022. He would further submit that the petitioner is ready to appear before the Court regularly and to co-operate for the trial and hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) raised objection stating that the petitioner did not appear before the trial Court on 19.07.2022 and thereby, non bailable warrant was issued against him and he was arrested on 27.10.2022 and that he was absconding for more than 3 months. Hence, if he is released on bail, he may abscond and the trial would be stalled.

It is seen that the Sessions Case is of the year 2021 and the trial began. Considering the above facts and circumstances of the case and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

(a) Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/-(Rupees ten thousand only), before the learned Addl. District Court, Mayiladuthurai, in which the petitioner has been confined and thereafter on his release;

(b) 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;

(c) the petitioner shall appear before the trial Court on all hearings without fail and co-operate for the trial proceedings.

(d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond during trial;

(f) the petitioner shall not tamper with evidence or witness during trial;

(g) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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];

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