Petitioner sought bail in a criminal trial for offences including attempt to murder. Court granted bail subject to conditions including weekly reporting, sureties, and non-tampering, citing detention period and independent facts.
Bail granted on executing bond of Rs.10,000 with two sureties, subject to weekly reporting, non-absconding, and non-tampering conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.2915 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2024
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Crl.O.P.No.2915 of 2024
Kiruba @ Kirubakaran
...petitioner
Vs.
State represented by The Inspector of Police, K-2, Ayanavaram Police Station, Chennai.
Crime No.108 of 2022
...Respondent
PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in S.C.No.316 of 2022 pending before the XVII Additional Judge, City Civil Court, Chennai.
For petitioner : Mr.P.Muthamizhselvakumar For Respondent : Mr.L.Baskaran Government Advocate (crl.side)
ORDER
The petitioner is arrayed as A1 in S.C.No.316 of 2022 now pending
before the XVII Additional Judge, City Civil Court, Chennai.
2.Originally, crime No.108 of 2022 had been registered by the
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Crl.O.P.No.2915 of 2024
respondent Police under Sections 341, 294(b), 307 r/w 34 IPC.
3.Non Bailable Warrant was issued against the petitioner on
07.12.2023 and it was executed only on 23.12.2023.
4.The learned Government Advocate (crl.side) raised objections
stating that there are 23 previous cases against him.
5.But considering all that originally bail had been granted.
5.The one further fact is that A2 is now absconding.
6.The learned counsel for the petitioner stated that inspite of best
efforts taken, the petitioner is not able to give details about A2.
7.But however, taking the facts of this case independently and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate
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Crl.O.P.No.2915 of 2024
may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the XVII Additional Judge, City Civil Court, Chennai, on every Monday, at 10.30 a.m., apart from the court hearing dates, till completion of the trial.
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with 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 229A IPC.
06.03.2024
vkr
C.V.KARTHIKEYAN. J.
vkr
Crl.O.P.No.2915 of 2024
To
Crl.O.P.No.2915 of 2024
06.03.2024
1 issue framed by the court
Whether the petitioner is entitled to bail in the pending criminal trial given previous cases and absconding co-accused?
Colour shows how this judgement treated each authority
P.K. Shaji vs. State of KeralaReferred¶41
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
3 provisions across 2 enactments
Kiruba @ Kirubakaran
State represented by The Inspector of Police, K-2, Ayanavaram Police Station, Chennai
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.V.KARTHIKEYAN
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