S.Selvan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 14.11.2022 for the offences under Sections 147, 148, 149, 448, 307 and 364(A) of I.P.C. in Crime No.49 of 2015, on the file of the respondent police, pending trial in S.C.No.43 of 2018 on the file of the Court of Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Erode, seeks bail.

It is a case of jumped bail. The petitioner was arrested and remanded to judicial custody on 14.11.2022 on execution of non bailable warrant issued against him.

The learned counsel for the petitioner would submit that the petitioner was earlier granted bail and thereafter, he was regularly appearing before the trial Court. On 29.03.2022, due to his ill-health, the petitioner was unable to appear before the Court and subsequently, the learned Magistrate issued non bailable warrant against the petitioner following which, the petitioner was arrested and remanded to judicial custody on 14.11.2022. He would submit that the petitioner has been suffering incarceration for 45 days from 14.11.2022. He would submit that he is ready to appear before the Court regularly and to co-operate for the trial. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) raised objection stating that when he did not appear before the trial Court on 29.03.2022, non bailable warrant was issued against him and after hectic efforts, he was arrested on 14.11.2022. He would submit that no previous case pending against the petitioner. Hence, if he is released on bail, he may abscond and the trial would be stalled.

Considering the above facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned Sessions Judge, Magalir Neethimandram, (Fast Track Mahila Court), Erode, 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 appear before the trial Court for every hearing regularly without fail.

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

(d) the petitioner shall not abscond during trial;

(e) the petitioner shall not tamper with evidence or witness during 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.

7.With the above directions, this Criminal Original Petition is ordered.