Anthony Albert @ Albert vs State

C.Kumarappan, J

The petitioner was arrested on 06.03.2025, on execution of a Non-Bailable Warrant issued by the learned Additional District and Sessions Judge, Hosur, for the offences under Sections 341, 397, 364(A), 506(ii) of IPC, pending trial in S.C.No.172 of 2019, in respect of Crime No.48 of 2019 on the file of the respondent police, seeks bail.

The petitioner is facing prosecution for the offence under Sections 341, 397, 364(A), 506(ii) of IPC. The case has been taken on file in S.C.No.172 of 2019 on the file of the learned Additional District and Sessions Judge, Hosur. The petitioner did not appear before the Court regularly and therefore a Non-Bailable Warrant (NBW) was issued on 30.07.2024. Subsequently, the petitioner was arrested by the respondent police and produced before the Trial Court on 06.03.2025.

The learned counsel for the petitioner submitted that the NBW was issued against the petitioner and the petitioner was arrested on 06.03.2025. He further submitted that the petitioner has been in incarceration for almost one year and there is no progress in the trial. Hence, he prayed that the petitioner may be enlarged on bail.

The learned Government Advocate (Crl. Side) appearing for the respondent opposed the bail application and submitted that other accused are absconding.

Admittedly, the petitioner was remanded to judicial custody on 06.03.2025 and inspite of the long incarceration for about one year, there is no progress in the trial. Hence, this Court is of the view that further incarceration will no way helpful to proceed with the trial as other accused are also in abscondance. Hence, taking into consideration of the above circumstances and long incarceration of the petitioner, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Additional District and Sessions Judge, Hosur, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the learned Additional District and Sessions Judge, Hosur on all working days at 10.30.a.m., until further orders. It is made clear that, no relaxation petition of the petitioner will be entertained for 90 days.

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

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.