Sathasivam vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 18.01.2026 for the alleged offences under Sections 307, 341, 294(b) and 323 of the Indian Penal Code, in Crime No.221 of 2024 on the file of the respondent police, seeks bail.

The learned counsel for the petitioner would submit that there is a pending case against him in S.C.No.193 of 2024 on the file of the learned Sessions Judge, Special Court for Trial of Cases under the SC/ST (PoA) Act, Tiruppur, and that, due to his absence on 17.09.2025, a non-bailable warrant came to be issued. It is further submitted that the petitioner has been in judicial custody since 18.01.2026 and that his absence on the earlier occasion was neither wilful nor wanton. The learned counsel would further submit that, except for the said occasion, the petitioner had diligently appeared before the Courts and hence prayed for grant of bail.

The said contention was strongly opposed by the learned Government Advocate (Crl. Side) appearing for the respondent, who submitted that four previous cases are pending against the petitioner and that, if the petitioner is enlarged on bail, there is every possibility of his absconding and delaying the trial.

I have given anxious consideration to the submissions made by the learned counsel on either side.

Though the learned Government Advocate (Crl. Side) strongly opposed the grant of bail on the ground that the petitioner may abscond and delay the trial, he fairly submitted that, in all the cases pending against the petitioner, he had been regularly appearing before the Courts.

In view of the said submission that the petitioner has been appearing in all the other pending cases, this Court is of the view that his absence on 17.09.2025 appears to be inadvertent. Therefore, 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 for a like sum each to the satisfaction of the learned Sessions Judge, Special Court for Trial of Cases under the SC/ST (PoA) Act, Tiruppur, and subject to the following conditions:

[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 respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;

[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 take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.