Mani @ Manigandan vs Inspector Of Police

P.Dhanabal, J

The petitioner/A2 seeks bail in S.C.No.14 of 2024 in Crime No.115 of 2023 pending on the file of the II Additional Sessions Judge, Tiruchengode, for the offence punishable under Sections 174 of Cr.P.C @ Sections 302 of 34 of IPC. The petitioner has been remanded to judicial custody on 16.12.2025 on execution of NBW issued against him on 23.04.2025.

Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in S.C.No.14 of 2024 on the file of II Additional Sessions Judge, Tiruchengode. He further submitted that since the petitioner was unable to appear before the trial Court, he was issued with the non-bailable warrant on 23.04.2025, and pursuant to the same, he was arrested on 16.12.2025. He also submitted that the petitioner will undertake that hereafter he will regularly appear before the trial court on all hearing dates and also stated that he is prepared to comply with any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent submitted that since the petitioner, facing trial in S.C.No.14 of 2024 on the file of II Additional Sessions Court Tiruchengode, has failed to appear before the trial Court and therefore, the trial Court has issued a NBW against the petitioner on 23.04.2025, and pursuant to which, he was arrested and remanded to judicial custody on 16.12.2025. Hence, he oppose for grant of bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

Considering the fact that bail was already granted to the petitioner and thereafter NBW was issued and thereafter, the same has been executed, and considering the period of incarceration undergone by the petitioner and also considering the fact that after completion of investigation, final report has also been filed and now the case is posted for trial and also considering the undertaking given by the petitioner that he is ready to co-operate for speedy disposal of the trial, this Court is inclined to grant bail to the petitioner with certain conditions:

[a] 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 Judicial Magistrate, Kumarapalayam and on further conditions that:

[b] the petitioner shall report before the trial Court daily at 10.00 a.m. until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[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.