Veslin Abisheik vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 20.02.2025 based on the NBW issued by the trial Court, for the offences punishable under Sections 149, 109, 147, 148, 302 of IPC, in Crime No. 182 of 2023 on the file of the respondent police, which was taken on file as S.C.No.201 of 2025, seeks bail.

The case of the prosecution is that due to previous enmity, the petitioner along with other accused persons attacked the defacto complainant with deadly weapons and committed murder. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner was regularly appeared before the trial Court. In the meantime, the petitioner was remanded in prison in connection with another case in Crime No.1028 of 2024. Hence, on 09.01.2025, the petitioner was not able to attend the trial Court due to which the trial Court issued NBW against the petitioner and he is in judicial custody from 20.02.2025. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that the petitioner has four previous cases. He further submitted that the petitioner has jumped out of bail during trial on 09.01.2025 and thereafter he was secured through NBW on 20.02.2025. However, he opposed for grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and the petitioner is jumped out of bail 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) each with two sureties, each for a like sum to the satisfaction of the learned Additional District and Sessions Judge, Dindigul, and on further conditions that :-

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall report before the trial Court for all hearing dates without fail;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 is 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.