Mani @ Manikandan vs State Of Tamil Nadu

S.Srimathy, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 04.07.2023 for the offences punishable under Sections 120B, 147, 148, 302(2 counts), r/w 114, 149, 302 r/w 120B, 109 IPC (2 counts) 201 r/w 114 IPC, in S.C.No.629 of 2025 on the file of the District Sessions Judge, Communal Clash Cases, Madurai, in Crime No. 84 of 2016 on the file of the respondent police, seeks bail.

The learned counsel for the petitioner submitted that after the registration of the case in Crime No.84 of 2016 and the respondent police have completed the investigation and filed a final report S.C.No.629 of 2025 before the District Sessions Judge, Communal Clash Cases, Madurai. He further submitted that due to non-appearance of the petitioner, the trial Court has issued NBW against the petitioner and the same was executed on 04.07.2023. He further submitted that the petitioner undertakes that he will not abscond and he will regularly appear before the Trial Court on hearing dates without fail. He further submitted that the petitioner is in judicial custody from 04.07.2023. Hence, he seeks bail.

The learned Additional Public Prosecutor submitted that the petitioner failed to appear before the trial Court, due to which the trial Court had issued Non Bailable Warrant to the petitioner. He further submitted that there are 21 previous cases pending against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and also the fact that the petitioner has not engaged any counsel, therefore, the trial was not commenced. Further, the petitioner has engaged the advocate who has filed a vakalat through online. Further, considering the undertaking given by the learned Counsel for the petitioner and also considering the period of incarceration suffered by the petitioner, this court is inclined to grant bail to the petitioner, subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on 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 District Sessions Judge, Communal Clash Cases, Madurai, 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 appear before the trial Court daily at 10.30 a.m., until further orders.

[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 269 BNS.