Sasikumar@ Gowtham vs State

K. Rajasekar, J

The petitioner was arrested and remanded to judicial custody on 19.09.2025 based on execution of NBW dated 03.09.2025 in S.C.No.23 of 2025 on the file of the II Additional District & Sessions Court, Arokkonam, Ranipet District registered for the offences punishable under Sections 294(b), 307,506(ii), 323 and 34 of IPC case in Crime No.260 of 2017 on the file of the respondent police, seeks bail.

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.23 of 2025 on the file of the II Additional District & Sessions Court, Arokkonam, Ranipet District and due to his non-appearance before the Trial Court issued NBW as against the petitioner on 03.09.2025 and subsequently, the petitioner was arrested on 19.09.2025. He further submitted on the date of issuance of NBW he was remanded in another case in Crime No.316 of 2025 on the file of Arakkonam Town Police station, hence he was not able to appear before the Trial Court on 03.09.2025. He further submitted that the petitioner is also 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 the NBW was issued against the petitioner and he was produced on PT warrant on 19.09.2025. He also submitted that due to non-appearance of the petitioner in this case NBW was issued against him and there are twenty previous cases against the petitioner and he is a History Sheeter.

Considering the period of incarceration undergone by the petitioner and the fact that on date of issuance of NBW he was remanded in another case, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned II Additional District & Sessions Court, Arakkonam, Ranipet District 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., for a period of four weeks and thereafter, on all hearing dates without fail;

[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.