Karthikeyan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 19.09.2022 for the alleged offences under Sections 294(b), 307 and 302 I.P.C., pending trial in S.C.No.11 of 2020 on the file of learned Addl. District and Sessions Judge, Mayiladuthurai, in Crime No.132 of 2019, on the file of the respondent police, seeks bail.

It is a case of jumped bail. The petitioner was arrested on 19.09.2022 pursuant to the non-bailable warrant issued against him.

The learned counsel appearing for petitioner would submit that due to absence of the petitioner, the learned Judge ordered non-bailable warrant against the petitioner, thereby he was detained under PT warrant on 19.09.2022 on execution of non-bailable warrant. He would submit that he is in jail for the past 380 days. He would submit that this is the third petition seeking for bail. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner had absconded for more than five months and thereafter, he was arrested on 19.09.2022. He would submit that totally, there are two accused involved in this case and the petitioner is arrayed as A1. Furthermore, there are nine previous cases pending against him and another murder case was also registered against him. He would further submit that now the trial was begun and at the stage of I.O., they have filed a recall petition for examination of P.W.18. At this stage, if he is released on bail, there is possibility of hampering the investigation. Therefore, he vehemently opposed to grant bail to the petitioner.

On considering the facts and circumstances of the case and also on considering the long incarceration for nearly 380 days and he is ready to abide any condition imposed by this court and the final report also filed and now the trial was begun, this Court is inclined to grant bail to the petitioner subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety of his native place for a like sum to the satisfaction of the learned Addl. 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 learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police daily twice in the morning at 10.30 a.m. and in evening at 05.00 p.m. till the completion of trial and also directed to cooperate with the trial proceedings for cross-examination of witnesses, if not, the bail granted by this court shall be cancelled automatically;

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

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

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

(f) 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];

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