Murugan @ Bombay Murugan vs Inspector Of Police

M.Dhandapani, J

The petitioner/A1 who is facing trial for the offences punishable under Sections 392, 397 and 114 of IPC in S.C.No.229 of 2022 on the file of the 2nd Additional District and Sessions Court, Thoothukudi in Crime No.118 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 04.05.2022 at about 09.30 p.m., when the defacto complainant was returning to his house in a two-wheeler, the petitioner herein and two others restrained him and robbed a sum of Rs.1,200/- from the de-facto complainant. Hence, the defacto complainant lodged a complaint against the petitioner.

3.The learned Counsel for the petitioner submitted that already the petitioner has implicated in Crime No.118 of 2023 and subsequently, he was arrested and enlarged on bail. Thereafter, charge sheet was filed and the case was pending before the trial Court. However, for non-appearance of the Court hearing, the trial Court issued Non-Bailable Warrant against the petitioner. Pursuant to which, the Law Enforcing Agency secured the petitioner and remanded to judicial custody. He would further submit that the petitioner is in judicial custody for more than 100 days and that the petitioner is ready to appear before the trial Court regularly till the disposal of the case. Hence, he seeks for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor submits that apart from this case, there are six previous cases pending against the petitioner. Since the petitioner has not appeared before the trial Court, Non-Bailable Warrant was issued against the petitioner, pursuant to which, the respondent police secured the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the above facts and circumstances of the case and also considering the fact that the petitioner is ready to appear before the trial Court regularly, this Court is inclined to grant bail to the petitioner subject to the following conditions:

Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned 2nd Additional District and Sessions Court, Thoothukudi, 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 is directed to appear before the concerned Court on all working days at 10.30 a.m till the disposal of the criminal case;

(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.