Allowed

Appu @ Sivasankaran v. State Rep. by

Madras HC18 Dec 2023CRL OP/28226/2023

Case brief

AI extract

What is this about?

This criminal original petition sought bail for the petitioner, an accused in a criminal trial, who had been a fugitive for six years. The High Court granted bail subject to the execution of a bond with fresh sureties, one of whom must be a blood relative, and strict conditions of attendance and non-absconding.

What did the court decide?

Petitioner released on bail via bond of Rs. 10,000 with two fresh sureties, one being a local resident and the other a blood relative.

Appu @ Sivasankaran Vs State Rep. by — Cheating and Forgery | Madras HC (2023)

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Crl.O.P.No.28226 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.12.2023

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CORAM

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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Crl.O.P.No.28226 of 2023

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Appu @ Sivasankaran ... Petitioner/Accused-3

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Vs.

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The State represented by The Inspector of Police, K-3, Aminjikarai Police Station, Chennai. ... Respondent

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PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in S.C.No.237 of 2023 on the file of

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the XX Additional Sessions Judge, City Civil and Sessions Court, Chennai, on such terms and conditions.

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For Petitioner : Mr.B.J.Santhosh Kumar

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For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis 1/6

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ORDER

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Crl.O.P.No.28226 of 2023

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The petitioner/A3 seeks bail in S.C.No.237 of 2023, now pending before the XX Additional Sessions Judge, Chennai.

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2.Originally, Crime No.1235 of 2012 was registered for the offences punishable under Sections 341, 324, 307, 114 r/w 34 of IPC. Subsequently, after investigation, final report had been filed and the same had been taken cognizance as PRC.No.4 of 2023 by the V Metropolitan Magistrate, Egmore, Chennai. Subsequently, the matter was committed to the Court of Sessions and now pending in S.C.No.237 of 2023 before the XX Additional Sessions Court, Chennai.

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3.Since the petitioner did not appear before the Court, a Nonbailable warrant had been issued on 03.03.2017 and the same was executed on 07.03.2023 after a period of six years.

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4.The earlier application seeking bail had been dismissed on 06.10.2023 and it is stated that all the accused are now appearing before the Court.

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https://www.mhc.tn.gov.in/judis 2/6

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Crl.O.P.No.28226 of 2023

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5.Taking into consideration all these factors, I am inclined to grant bail to the petitioner subject to the following conditions:

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6.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/ - (Rupees Ten Thousand only) with two fresh sureties (one surety must be a local resident and the other surety must be a blood relative of the accused), each for a like sum to the satisfaction of the V Metropolitan Magistrate, Chennai, and on further conditions that: -

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[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.

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[b] the petitioner shall appear before the XX Additional Sessions Judge, City Civil and Sessions Court, Chennai, where S.C.No.237 of 2023 is pending, everyday at 10.30 a.m., till completion of trial.

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[c] the petitioner shall not abscond either during investigation or

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trial.

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

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the

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https://www.mhc.tn.gov.in/judis 3/6

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Crl.O.P.No.28226 of 2023

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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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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18.12.2023

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ata

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https://www.mhc.tn.gov.in/judis 4/6

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Crl.O.P.No.28226 of 2023

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1.The XX Additional Sessions Judge, City Civil and Sessions Court, Chennai.

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2.The V Metropolitan Magistrate, Chennai.

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3.The Inspector of Police, K-3, Aminjikarai Police Station, Chennai.

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4.The Central Prison -II, Puzhal, Chennai.

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The Public Prosecutor, High Court of Madras.

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https://www.mhc.tn.gov.in/judis 5/6

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5/6

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Crl.O.P.No.28226 of 2023

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C.V.KARTHIKEYAN, J. ata

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Crl.O.P.No.28226 of 2023

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18.12.2023

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https://www.mhc.tn.gov.in/judis 6/6

Appu @ Sivasankaran v. State Rep. by

Case brief

What is this about?

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Appu @ Sivasankaran v. State Rep. by

Case brief

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