Siva Sankar vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 09.04.2025 for the alleged offence punishable under Sections 147, 148, 294(b), 427, 450, 302, 506(II), r/w 149, r/w 109 of IPC in P.R.C. No.66 of 2024 on the file of XV Metropolitan Magistrate, George Town, Chennai, seeks bail.

The case of the prosecution is that due to the non-appearance of the petitioner before the Trial Court on 23.01.2025, a Non-Bailable Warrant was issued against him on the same day, and the same was executed on 09.04.2025. Hence, the case.

Earlier, this Court dismissed the bail petition in Crl.OP.No.29821 of 2025 dated 03.11.2025 on the ground that the case was still in committal stage.

Now, it is reported by the learned Government Advocate (Crl.Side) appearing for the respondent submitted that the case has been committed to the Sessions Court in S.C. No.807 of 2025 and the next hearing date is 12.12.2025.

Considering the submissions made by the learned Government Advocate (Crl.Side) and considering the period of his incarceration, 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.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, George Town, Chennai, 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 report before the trial Court daily at 10.30 a.m., for a period of three weeks.

[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 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 B.N.S.