Sharma @ Seenu Sharma vs State

A.A.Nakkiran, J

(1)The petitioner/Accused, who was arrested on NBW and remanded to judicial custody on 05.04.2022 for the alleged offences punishable under Sections 341, 294(b), 326, 307 r/w 34 of IPC in [Crime No.1175 of 2017] SC.No.160/2021 on the file of the learned III Additional Sessions Judge, Chennai, seeks bail.

(2)The case of the prosecution is that earlier the petitioner was released on bail and however, he failed to appear before the Trial Court on the date of hearing and hence, NBW was issued on 02.09.2021 and executed on 05.04.2022.

(3)The learned counsel for the petitioner would submit that the petitioner was arrested on NBW and that the absence of the petitioner is neither willful nor wanton and prays for enlargement of the petitioner on bail. Learned counsel also submitted that the petitioner undertakes to appear before the Trial Court on all future dates regularly without fail.

(4)The learned Government Advocate(Crl.Side) appearing for the respondent would submit that it is a case of jumped bail and that the petitioner who was released on bail, failed to appear before the Trial Court on 02.09.2021 and hence, NBW was issued. He, however has no serious objection in bail being granted to the petitioner.

(5)Taking into consideration the facts and circumstances of the case and also taking note of the fact that this is a case of jumped bail and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner.

(6)Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties, each for a like sum to the satisfaction of the learned X Metropolitan Magistrate, Egmore, Chennai and on further condition 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 appear before the Trial Court, viz., the III Additional Sessions Court, Chennai, on all dates of hearing regularly without fail;

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.