M.Anbarasan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 12.01.2023 for the offences under Sections 302 @ 120(B), 147, 148, 341, and 302 of I.P.C. in Crime No.3615 of 2020, on the file of the respondent police, pending trial in S.C.No.148 of 2021 on the file of learned XVIII Addl. Judge, Chennai, seeks bail.

It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 12.01.2023 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 19.04.2021, the petitioner was unable to appear before the Court and subsequently, the learned Magistrate issued non bailable warrant against the petitioner following which, the petitioner was arrested and remanded to judicial custody on 12.01.2023. He would submit that the petitioner has been suffering incarceration for 34 days from 12.01.2023. He would submit that he is ready to appear before the Court regularly and to co-operate for the trial. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) raised objection stating that when he did not appear before the trial Court on 19.04.2021, non bailable warrant was issued against him and he absconded for more than one year and after hectic efforts only, he was arrested on 12.01.2023. He would submit that after arresting him only, there is a progress in the trial and now, the case is posted for examination of witnesses. Hence, if he is released on bail, he may abscond and the trial would be stalled.

Considering the above facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be blood surety, for a like sum to the satisfaction of the learned XVIII Addl. Sessions Judge, Chennai, 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 appear before the trial Court on every Tuesday at 10.30 a.m. for the period of two months and he shall also appear before the trial court for every hearing regularly without fail and

(c) the petitioner shall produce his aadhar card before the trial court.

(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.

7.With the above directions, this Criminal Original Petition is ordered.