Naresh vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 08.04.2025 based on execution of NBW dated 25.03.2025 in S.C.No.51 of 2024 on the file of the IV Additional District Judge, Thiruvallur at Ponneri for the offences punishable under Sections 120(B), 147, 148, 450, 302(3 count), 149 of IPC, seeks bail. This is the successive bail application of the petitioner and the earlier bail application of the petitioner herein was dismissed by this Court, vide order dated 04.11.2025 in Crl.O.P.No.29954 of 2025 for the following reasons.

“3. Considering the fact that the trial is pending in this case and the case is posted for examination and at this stage, if the petitioner is released on bail, there is a possibility that the petitioner would abscond and the trial will get stalled and hence, this Court is not inclined to grant bail to the petitioner at this stage.”

The learned counsel appearing for the petitioner submitted that originally the petitioner was earlier arrested and released on bail and was regularly appearing before the Trial Court for the case in S.C.No.51 of 2024; that since the petitioner was arrested in connection with another case in Crime No.202 of 2025 on the file of the respondent police station, the petitioner was unable to appear before the Trial Court on 25.03.2025, a NBW was issued against the petitioner and subsequently, he was formally and remanded to judicial custody in this case on 08.04.2025. He further submitted that majority of the witnesses in this case were examined; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner submitted that there are totally nine accused involved in this case and the petitioner herein is arrayed as A4; that the petitioner was on bail earlier in this case, since he has not appeared before the Trial Court during the pendency of the trial, a NBW was issued and subsequently, he was arrested nearly after one year from the date of NBW; that all the accused are appearing before the Trial Court; that there are totally 47 witnesses in this case and majority of the witnesses were already examined.

I have considered the submissions made on both sides and perused the materials available on record.

Considering the submissions made, the fact that the petitioner was in custody in connection with another case, during the date of Trial Court hearing, on which the NBW was issued, taking note of the fact that majority of the witnesses in this case were examined and the trial is at the final stage and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate -II, Ponneri, Tiruvallur 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 appear before the Trial Court concerned daily at 10:30 a.m., until further orders;

[c] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall make himself available for interrogation by a Police officer as and when required;

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

[f] 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];

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