Accused in a murder case (S.C.No.43 of 2018) sought regular bail; he had absconded for over two years but trial had substantially progressed. Court granted bail on bond with sureties, daily police reporting and conditions against absconding or tampering.
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Crl.O.P.No.4819 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2024
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Crl.O.P.No.4819 of 2024
Mohammed Rasul
...Petitioner
Vs.
The State, represented by The Inspector of Police, V-7, Nolambur Police Station, Chennai. Crime No.1066 of 2017 ...Respondent
PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in S.C.No.43 of 2018, on the file of the II Additional District and Sessions Judge, Tiruvallur at Poonamallee in Crime No.1066 of 2017 on the file of the Inspector of Police, Nolambur Police Station, Chennai.
For Petitioner : Mr.D.Prabu
For Respondent : Mr.V.J.Priyadarsana Government Advocate (crl.side)
ORDER
The accused in S.C.No.43 of 2018, now pending before the II
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Additional District and Sessions Judge, Tiruvallur, Poonamallee, seeks bail. Originally Crime No.1066 of 2017 had been registered under Section 174 Cr.P.C, and subsequently altered to Section 302 IPC with respect to an occurrence which took place on 26.09.2017, which is nearly more than 6 years back.
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Crl.O.P.No.4819 of 2024
of incarceration of the petitioner herein and endeavour to complete the trial within a reasonable period of time. Let the trial be completed.
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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.
[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders.
[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.
04.04.2024
gsa
Crl.O.P.No.4819 of 2024
To
Crl.O.P.No.4819 of 2024
C.V.KARTHIKEYAN. J.
gsa
Crl.O.P.No.4819 of 2024
04.04.2024
1 issue framed by the court
Whether an accused in a murder trial who had earlier absconded should be granted bail while the trial is in progress.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶36
[(2005)AIR SCW 5560] · Who else cites this
4 provisions across 2 enactments
Mohammed Rasul
The State, represented by The Inspector of Police, V-7, Nolambur Police Station, Chennai
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
