Mohan @ Ondikuppam Mohan vs State

@JUDGEMENTTAG- JUDGEMENT

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 20.09.2023 for the alleged offence under Sections341, 294(b), 324, 307, 506(ii) of IPC, in Crime No.62 of 2019 on the file of the respondent police, seeks bail.

The learned counsel for the petitioner submitted that the petitioner appeared before the trial Court without default till 16.07.2021. Subsequently, he was arrested in Crime No.2031 of 2021 on the file of Thiruvottiyur Police Station and he was arrested in this case, therefore he is not able to attend the trial Court hearing, therefore NBW has been issued on 03.08.2021. He also submitted that he was granted bail in Crime No.2031 of 2021 on the file of Thiruvottiyur Police station by Principal Sessions Judge, Thiruvallur on 22.08.2023, due to pendency of his PT Warrant, he is not able to come out from jail. He further submitted that he has already moved bail petition before the learned Principal Sessions Judge, Chennai in Crl.M.P.No.8577 of 2024 and the same was dismissed by this Court on 19.03.2024. He has been suffering incarceration from 27.02.2024. Accordingly, prays for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent submitted that it is a case of jumped out bail. Due to non-appearance of the petitioner before the lower Court, the trial judge has issued Non-Bailable Warrant against the petitioner and the petitioner was secured on 27.02.2024. Hence, he vehemently objected for grant of bail to the petitioner.

Considering the facts and circumstances and also considering the period of incarceration undergone by the petitioner from 27.02.2024, 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 a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned II Metropolitan Magistrate, Egmore, Chennai 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 respondent police daily at 10.30 a.m. for a period of three months and the petitioner shall appear on every hearing before the trial Court 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 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]; and;

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