Vinoth Raja @ Central Raja vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 19.11.2025 on execution of NBW in S.C.No.232 of 2023 on the file of the XV Addl Sessions Judge at Chennai registered for the offences punishable under Sections 147,148, 341,294(B),394, 395, 395 r/w 397,336,427,506(ii) of IPC and 25(1-A) of Arms Act in Crime No.432 of 2022 on the file respondent police, seeks bail.

2.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.232 of 2023 on the file of the XV Addl Sessions Judge at Chennai and due to his non-appearance before the Trial Court NBW was issued as against the petitioner. However, the petitioner has voluntarily surrendered on 19.11.2025. He further submitted 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 the petitioner is a habitual offender and he has as several times failed to appear before the Trial Court, in order to avoid trial. He further submitted that there are three previous cases pending against the petitioner and the case is now posted for examination of LW. 9 and 10.

Considering the period of incarceration undergone by the petitioner and the fact that the petitioner has voluntarily surrendered and his re-call petition was also dismissed, 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 Sessions Judge, XV Additional Sessions Judge at Chennai 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 three 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.