Sridhar vs Inspector Of Police

B.Pugalendh, J

The Court made the following order :-The petitioner is facing a charge for the offence under Section 397 IPC, in S.C.No.33 of 2024 on the file of the learned Additional Subordinate Judge, Thanjavur. 2. Since the petitioner failed to appear for hearing, a Non-Bailable Warrant was issued against the petitioner, based on which, he was arrested and remanded to judicial custody on 03.02.2024. Hence, the petitioner has filed this petition seeking bail.

The learned counsel appearing for the petitioner submits that the petitioner was earlier granted bail, however, he was arrested by the respondent Police, pursuant to the Non-Bailable Warrant issued by the learned Judicial Magistrate No.I, Thanjavur, on 23.11.2023 that he was not available for committal proceedings in PRC No.13 of 2023. According to him, on that day, the petitioner was in judicial custody in connection with a case in C.C.No.80 of 2021, in which, he was acquitted from the charges. He further submits that now the case in PRC No.13 of 2023 was also committed to the learned Additional Subordinate Judge, Thanjavur and the same was taken on file in S.C.No.33 of 2024.

The learned Additional Public Prosecutor appearing for the respondent Police confirms the said submission.

Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail

i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Additional Subordinate Judge, Thanjavur.

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall appear before the Trial Court in all the date of hearings, without fail. He has to co-operate for the trial.

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.