Madras High Court
Udhayanithi @ Surya vs The State Represented By on 28 March, 2022
Crl. A(MD) No. 231 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.A(MD)No. 231 of 2022
Udhayanithi @ Surya ... Appellant/
Petitioner/
Accused No.9
Vs.
1.The State represented by
The Deputy Superintendent of Police,
Karur Rural Sub Division,
Karur District.
(Crime No.778 of 2020)
2.The State represented by
The Inspector of Police,
Velayuthampalayam Police Station,
Karur District.
(Crime No.778 of 2020)
3.Ramesh ... Respondents 1 to 3/
Respondents & Complainants/
Complainants
PRAYER: The Criminal Appeal is filed under Section 14-A(ii) of SC/ST
(POA) Act, 1989, to call for the entire records relating to the order of dated
1/6
https://www.mhc.tn.gov.in/judis
Crl. A(MD) No. 231 of 2022
24.02.2022 passed in Cr.M.P.No.396 of 2022 in S.C.No.48 of 2021 in
Crime No.778 of 2020 on the file of the learned Sessions Judge, Karur and
set aside the same as arbitrary and consequently, to release the petitioner on
bail in connection with the S.C.No.48 of 2021 in Crime No.778 of 2020 on
the file of the learned Sessions Judge, Karur.
For Appellant : Mrs.P.Krishnaveni
For Respondents : Mr.M.Aasha
Government Advocate (Criminal Side)
JUDGMENT
The present Criminal Appeal has been filed to call for the entire
records relating to the order of dated 24.02.2022 passed in Cr.M.P.No.396
of 2022 in S.C.No.48 of 2021 in Crime No.778 of 2020 on the file of the
learned Sessions Judge, Karur and set aside the same as arbitrary and
consequently, to release the petitioner on bail in connection with the
S.C.No.48 of 2021 in Crime No.778 of 2020 on the file of the learned
Sessions Judge, Karur.
2. There are totally 10 accused in which the petitioner is arrayed
as A.7. The case of the prosecution is that on 17.12.2020 when the
deceased was going in two wheeler, the accused persons attacked him with
deadly weapons and due to which he died. The petitioner was secured and
remanded to judicial custody. Thereafter, he was granted bail.
https://www.mhc.tn.gov.in/judis
Crl. A(MD) No. 231 of 2022
3. After completion of the investigation, the second respondent
has filed a final report and the same was taken on file in S.C.No.48 of 2021,
on the file of the Sessions Judge, Karur. While pending trial, the petitioner
was absent before the trial Court and Non-Bailable Warrant was issued
against the petitioner.
4. The petitioner involved in another case and he was detained as
Goonda in the Trichy Central Prison and the this Court had revoked the
detention order in HCP(MD)No.712 of 2021 on 07.02.2022. However, the
Court below dismiss the bail petition for the reason that only due to the
petitioner's absence before the trial Court, the trial Court could not
proceeded with the trial. If the petitioner is released on bail he might
abscond again and it is difficult for the prosecution to secure him and
proceed with trial of the case.
5. Heard the learned counsel appearing for the petitioner and the
learned Additional Public Prosecutor appearing for the respondents and
perused the materials available on record.
https://www.mhc.tn.gov.in/judis
Crl. A(MD) No. 231 of 2022
6. Considering the above facts and circumstances of the case, this
Court is inclined to allow the Criminal Appeal by setting aside the order,
dated 24.02.2022 made in Cr.M.P.No.396 of 2022 on the file of the learned
Sessions Judge, Karur.
7. Accordingly, the Criminal Appeal is allowed and the order,
dated 24.02.2022 made in Cr.M.P.No.396 of 2022 on the file of the learned
Sessions Judge, Karur, is set aside. The appellant is ordered to be released
on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty
Thousand only) with two blood related sureties, each for a like sum to the
satisfaction of the learned Sessions Judge, Karur, and on further condition
that:
[a] the appellant shall appear before the
Sessions Judge, Karur, daily at 10.30 a.m. and 05.30
p.m, till the disposal of the trial;
[b] the appellant shall not tamper with
evidence or witness either during investigation or
trial;
[c] the appellant shall not abscond either
during investigation or trial;
https://www.mhc.tn.gov.in/judis
Crl. A(MD) No. 231 of 2022
[d] On breach of any of the aforesaid
conditions, the Trial Court is entitled to take
appropriate action against the appellant in accordance
with law, as if the conditions have been imposed and
the appellants released on bail by the Trial Court
itself as laid down by the Hon'ble Supreme Court in
P.K.Shaji vs. State of Kerala [(2005)AIR SCW
5560].
28.03.2022
Index : Yes/No
Internet : Yes/No
mga
Note: Issue Order copy on 29.03.2022
To:-
1.The Sessions Judge,
Karur
2.The Deputy Superintendent of Police,
Karur Rural Sub Division,
Karur District.
3.The Inspector of Police,
Velayuthampalayam Police Station,
Karur District.
4. The Section Officer,
Criminal Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl. A(MD) No. 231 of 2022
G.K.ILANTHIRAIYAN.J.
mga
Crl.A(MD)No.231 of 2022
28.03.2022
https://www.mhc.tn.gov.in/judis
