K. Rajasekar, J
1. The petitioner, who was arrested and remanded to judicial custody on 04.11.2025 on execution of NBW dated 28.07.2025 in S.C.No.107 of 2024 on the file of XVII Additional Sessions Judge, Chennai registered for the offences punishable under Sections 294(b), 341, 324, 307 r/w 34 of I.P.C in Crime No.157 of 2022 on the file respondent police, seeks bail.
2.The case of the prosecution is that the petitioner has involved in a case of attempt murder and he was granted bail. But the petitioner failed to appear before the Trial Court regularly. Hence, NBW was issued against him 28.07.2025 and he was arrested and remanded to judicial custody on 04.11.2025. Hence, the present bail application.
3. The learned counsel appearing for the petitioner submitted that it is not a case of execution of NBW and the petitioner has voluntarily surrendered before the concerned Trial court on 04.11.2025. To substantiate his contention he has produced the status report dated 04.11.2025. He further submitted that the petitioner is in judicial custody for more than two months. Hence prays to grant bail.
4. The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that there are 15 previous cases pending against the petitioner and all are heinous in nature. Hence, he opposed for grant of bail to the petitioner.
5. Heard both sides and perused the list of previous cases and also the status report dated 04.11.2025 which reveals that the petitioner has voluntarily surrendered and has filed a petition to recall NBW. It is also found that the petitioner has appeared before the Trial Court till 28.07.2025.
6. Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner and the fact that the petitioner has voluntarily surrendered and he has regularly appeared before the Trial Court till 28.07.2025, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the XVII Additional Sessions Court, 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 report before the Trial Court concerned daily at 10:00 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.
