Rajan @ Rajesh @ Tamilselvan vs State Of Tamil Nadu

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 05.03.2024 for the alleged offences under Sec. 341, 294(b), 307 r/w 34 of I.P.C. in S.C.No.151 of 2019, pending trial on the file of VII Addl. Sessions Judge, Chennai in Crime No.12 of 2015, on the file of the respondent police, seeks bail.

It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 05.03.2024 pursuant to the non-bailable warrant issued against him.

The learned counsel appearing for petitioner would submit that the petitioner was earlier granted bail and thereafter, he was regularly appearing before the trial Court. However, he was unable to appear before the Court and subsequently, the learned Magistrate issued non bailable warrant against the petitioner on 07.02.2023, thereby he was detained under PT warrant on 05.03.2024 on execution of non-bailable warrant and he is in judicial custody for 41 days. He would submit that as he met with an accident, he could not appear before the court on that day. He would submit that he is an innocent person and he has been falsely implicated in this case and he has not at all committed any offence. He would submit that he is ready to abide any condition that may be imposed by this court and he is ready to appear before the Court regularly and to co-operate for the trial and there is no previous case pending against him. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is arrayed as A3. He would submit that earlier he was granted bail by the trial court and he has not appeared before the trial court on 07.02.2023. Hence, the learned Magistrate issued PT warrant and subsequently, he was arrested only on 05.03.2024 on execution of PT warrant. He would submit that totally 4 previous case pending against him. He would submit now the case is riped for trial and after securing him only, there is a progress in the trial, at this stage, if he is released on bail, he may abscond and 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 the fact that investigation was completed and a final report was filed and now the case is riped for trial and also on considering the period of incarceration undergone by the petitioner from 05.03.2024 for more than 41 days 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 VII 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 report before the respondent police daily at 10.30 a.m. for the period of two months and he shall also appear before the Trial Court hearing without fail. If he fails to appear, bail granted to the petitioner shall stand cancelled ;

(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.