Varun Kumar vs State

C.V.Karthikeyan, J

The petitioner who is the second accused in S.C.No.313 of 2023 now pending trial before the learned XVIII Additional Sessions Judge, Chennai, seeks bail.

Originally, Crime No.41 of 2021 was registered by the respondent Police for the offences under Sections 341, 294(b), 323, 307 & 506(ii) r/w 34 of IPC.

3.All the accused have been arrested and were facing trial. A1 and A3 were appearing regularly. The petitioner however absconded on 31.08.2023 necessitating Non Bailable Warrant to be issued and he has been secured only on 12.10.2023.

4.The learned counsel for the petitioner stated that the petitioner would abide by any directions of this Court.

5.It is stated that there are 9 previous cases against the petitioner.

6.But those factors had already been considered when the bail was originally granted.

7.Taking into consideration the period of incarceration and to provide opportunity to the petitioner to conduct trial, I am inclined to grant bail to the petitioner subject to the following conditions:

8.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 for a like sum to the satisfaction of the learned XVI Metropolitan Magistrate, George Town 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 the learned XVIII Additional Sessions Judge, Chennai, everyday, till completion of the trial

[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.