Muthu @ Karumuthu And Others vs State

T.V.Thamilselvi, J

The 1st petitioner, who was arrested and remanded to judicial custody on 27.10.2023 and 2nd petitioner, who was arrested and remanded to judicial custody on 31.10.2023 for the alleged offences under Sec. 341, 307, 506(ii) of I.P.C. in C.C.No.556 of 1999, pending trial on the file of XVII Metropolitan Magistrate, Saidapet, Chennai in Crime No.2140 of 1998, on the file of the respondent police respectively, seek bail.

It is a case of jumped bail. The petitioners were arrested and remanded to judicial custody on 27.10.2023 pursuant to the non-bailable warrant issued against them.

The learned counsel appearing for petitioners would submit that the petitioners were earlier granted bail and thereafter, they are regularly appearing before the trial Court. However, they were unable to appear before the Court and subsequently, the learned Magistrate issued non bailable warrant against the petitioners on 13.02.2002, thereby the 1st petitioner was detained under PT warrant on 27.10.2023 and 2nd petitioner was detained under PT Warrant on 31.10.2023 on execution of non-bailable warrant and they are in judicial custody for more than 5 months. He would submit that they are innocent persons and they have been falsely implicated in this case and they have not at all committed any offence. He would submit that they are ready to abide any condition that may be imposed by this court and they are ready to appear before the Court regularly and to co-operate for the trial. Hence, he prayed to grant bail to the petitioners.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that earlier they were granted bail by the trial court and they have not appeared before the trial court on 13.02.2002. Hence, the learned Magistrate issued PT warrant and subsequently, they were arrested only on 27.10.2023 and 31.10.2023 respectively on execution of PT warrant. He would submit after securing them only, there is a progress in the trial and at this stage, if they are released on bail, they may abscond and there is possibility of hampering the investigation. Therefore, he vehemently opposed to grant bail to the petitioners.

On considering the facts and circumstances of the case and the fact that investigation was completed and a final report was filed and also on considering the period of incarceration undergone by the petitioners from 27.10.2023 and 31.10.2023 respectively for more than 5 months and he is ready to abide any condition imposed by this court, 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 for a like sum to the satisfaction of the learned XVII Metropolitan Magistrate, Saidapet, 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 petitioners shall appear before the Trial Court on every Monday at 10.30 a.m. for the another period of four months regularly without fail apart from court hearings, failing which bail granted to the petitioners shall stand cancelled and since the case is pending from the year of 1999, they shall cooperate with the trial proceedings without fail;

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

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

(e) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.