Suresh vs State

G.K.Ilanthiraiyan, J

The petitioner, who was arrested and remanded to judicial custody on 20.04.2022 on execution of Non-Bailable Warrant issued by the learned XX Additional Sessions Judge, Allikulam, Chennai in SC.No.164 of 2019 for the offence under Sections 341, 294(b), 324, 307 and 506(ii) of IPC in respect of crime No.847 of 2018 on the file of the respondent police, seeks bail.

It is the case of the prosecution that the petitioner was arrested in crime No.847 of 2018 under Sections 341, 294(b), 324, 307 and 506(ii) of IPC and on filing of charge sheet, the same was taken cognizance by the learned XX Additional Sessions Judge, Allikulam, Chennai in SC.No.164 of 2019, which is pending. Thereafter, the petitioner did not appear before the lower Court on 21.03.2022. Hence, the lower Court has issued Non-Bailable Warrant against the petitioner. On NBW, the petitioner was arrested and remanded to judicial custody on 20.04.2022.

3.The learned counsel appearing for the petitioner would submit that the transfer of the case from I Additional Sessions Court, Chennai was not informed by the counsel on record for the petitioner or the respondent police. Therefore, the non-appearance before the lower Court by the petitioner is neither wilful nor wanton. However, he would also submit that the petitioner is ready to abide any condition as imposed by this Court and seeks for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that the petitioner herein is an accused in SC.No.164 of 2019. Due to non-appearance of the petitioner before the lower Court, the trial judge has issued Non-Bailable Warrant on 21.03.2022 against the petitioner and the petitioner was arrested and remanded to judicial custody on 20.04.2022, and if the bail is granted to the petitioner, it is very difficult to secure him. Hence, he vehemently objected for grant of bail to the petitioner.

5.It is seen that after completion of investigation, the respondent filed final report and the same has been taken cognizance in SC.No.164 of 2019 on the file of the learned XX Additional Sessions Judge, Allikulam, Chennai. However, the petitioner was absent before the trial court. As such on NBW, he was arrested and remanded to judicial custody on 20.04.2022.

6.Considering the above facts and circumstances of the case, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned XX Additional Sessions Judge, Allikulam, Chennai and on further conditions 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 report before trial Court viz., XX Additional Sessions Court, Allikulam, Chennai daily at 10.30 a.m for a period of four weeks and thereafter report before the trial court on all hearing dates.

[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.