High Court · 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 25.02.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD) No.3498 of 2025Rajapandi ... Petitioner/Accused No.5VsThe State of Tamilnadu,Rep. by the Inspector of Police,Town West Police Station,Dindigul District.Crime No.526 of 2017 ... Respondent/ComplainantFor Petitioner : Mr.M.SureshFor Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- To enlarge the petitioner on bail in connection with Spl.S.C.No.168 of 2024pending on the file of the Special Court for Exclusive Trial of Cases under POSCOAct, Dindigul.1/7 https://www.mhc.tn.gov.in/judis ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 21.02.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grantbail.2. The petitioner/Accused No.5 was arrested on the basis of Non BailableWarrant issued against him and remanded to judicial custody on 27.01.2025. Thepetitioner is facing trial in Spl.S.C.No.168/2024 on the file of the learned SpecialJudge, Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul, for theoffences punishable under Sections 399 and 402 of IPC in connection with CrimeNo.526 of 2017 on the file of the respondent-Police.3. The case of the prosecution is that on 19.12.2017, at about 09:00 hours, whilethe respondent-police were on patrol duty near M.V.M. Nagar Park, Dindigul, theyfound that the accused persons had gathered together with deadly weapons for thepurpose of committing robbery. Hence, the case. 4. After the investigation, the respondent-police filed the charge sheet against2/7 https://www.mhc.tn.gov.in/judis the accused persons. The case was committed to the learned Sessions Judge, SpecialCourt for Exclusive Trial of Cases under the POSCO Act, Dindigul and the same wastaken on file as Spl.S.C.No. 168 of 2024. The trial commenced. Since the petitionerfailed to appear before the trial court, a Non-Bailable Warrant was issued against thepetitioner on 08.01.2025 and executed on 27.01.2025. 5. Mr.M.Suresh, the learned counsel appearing for the petitioner, submits thatsince the petitioner did not appear before the Trial Court on 08.01.2025, Non BailableWarrant was issued against the petitioner and the same was executed on 27.01.2025.He further submits that the petitioner, due to poverty, went to a remote village inKerala for a job and, therefore, was not aware of the issuance of the NBW. He couldnot return, and the non-bailable warrant was issued without adhering to theprinciples of natural justice. He therefore prays to grant bail to the petitioner.6. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Crl. Side)appearing for the respondent-police, submits that the petitioner went to Kerala foronly two days and, although the petitioner was well aware of the hearing date, he didnot appear before the Trial Court. He further submits that the petitioner has eightprevious cases. Further, he submits that the case has now been committed to the3/7 https://www.mhc.tn.gov.in/judis Sessions Court and has been taken on file in Spl.S.C.No.168 of 2024, before thelearned Special Judge, Special Court for Exclusive Trial of Cases under the POCSOAct, Dindigul. He further submits that in these circumstances, if the bail is granted tothe petitioner, he may abscond and delay the trial proceedings. Therefore, he prays todismiss this Criminal Original Petition.7. Heard on both sides. This Court has perused the records.8. The Trial Court issued NBW on 08.01.2025 and the same was executed on27.01.2025. The petitioner claims that since he went to Kerala, he did not appearbefore the Trial Court on the hearing date. This Court has satisfied with the reasonsassigned by the petitioner. Considering the same and also considering the period ofincarceration and with a view to give one more opportunity to the petitioner toreform himself, this Court is inclined to grant bail to the petitioner, however, subjectto certain conditions. Accordingly, bail is granted to the petitioner subject to thefollowing conditions:(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousandonly) along with two sureties each for a like sum of Rs.10,000/- (RupeesTen Thousand Only) to the satisfaction of the learned Sessions Judge, Special Court4/7 https://www.mhc.tn.gov.in/judis for Exclusive Trial of Cases under POCSO Act, Dindigul;(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Sessions Judge, Special Court for Exclusive Trial of Casesunder POCSO Act, Dindigul, shall obtain a copy of any one of identity proofs toensure their identity;(iii) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(iv) The petitioner shall not commit an offence similar to the offence of which heis accused, or suspected, of the commission of which he is suspected;(v) The petitioner shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer or tamper with theevidence;(vi) The petitioner shall furnish his residential address and mobile number tothe learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSOAct, Dindigul;(vii) The petitioner shall appear and sign before the learned Sessions Judge,Special Court for Exclusive Trial of Cases under the POCSO Act, Dindigul, on all5/7 https://www.mhc.tn.gov.in/judis working days at 10:30 a.m., until further orders, and shall also appear whenever theCourt requires the petitioner's appearance; and(viii) On breach of any of the aforementioned conditions, the learned SessionsJudge, Special Court for Exclusive Trial of Cases under the POCSO Act, Dindigul, isentitled to pass appropriate orders against the petitioner in accordance with law as ifthe aforementioned conditions are imposed by him as laid down by the Hon'bleSupreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 25/02/2025 / TRUE COPY / 25/02/2025 Sub-Assistant Registrar () Madurai Bench of Madras High Court, Madurai - 625 023.apdTO1 THE SESSIONS JUDGE,SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT,DINDIGUL.2 THE OFFICER INCHARGE,DISTRICT PRISON, DINDIGUL.6/7 https://www.mhc.tn.gov.in/judis 3 THE INSPECTOR OF POLICE,TOWN WEST POLICE STATION,DINDIGUL DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. ORDER IN CRL OP(MD) No.3498 of 2025 Date :25/02/2025NBF/SAR/ (25/02/2025) 7P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/20237/7