Karthi @ Karthikeyan vs State

C.V.Karthikeyan, J

The petitioner who is arrayed as 2nd accused in S.C.No. 40 of 2019 now pending trial before the Additional District and Sessions Judge, Mayiladuthurai, seeks bail.

2.Originally, Crime No.223 of 2016 had been registered by the respondent Police for the offences under Sections 120(B), 148, 341, 342, 302 r/w 149 of IPC.

3.It is stated that Non Bailable Warrant was issued against the petitioner on 16.03.2022 and the petitioner was remanded to custody on 23.08.2022 through PT Warrant and produced before the Court and remanded to judicial custody.

4.It is further stated that the petitioner was arrested in another case in Crime No.95 of 2022 registered for the offence under Sections 294(b) and 506(i) of IPC. In that case, he was released on bail on 24.06.2022. Thereafter, he was arrested in yet another case in Crime No.108 of 2022.

5.It is thus seen that the petitioner has been released on bail and re-arrested continuously.

6.It is stated by the learned Government Advocate (crl.side) that the charges have been framed by the Additional District and Sessions Judge, Mayiladuthurai. The other accused are regularly appearing before the Court.

7.Taking all these factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

8.Accordingly, the petitioner is ordered to be released on bail on executing a 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 Additional District and Sessions Judge, Mayiladuthurai, 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 report before the Additional District and Sessions Judge, Mayiladuthurai, on every Monday, Wednesday and Friday, at 10.30 a.m., apart from the Court hearing dates, till completion of the trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.