Ramkumar v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Second day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9307 of 2022 RAMKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP.BY ITS [ RESPONDENT ] INSPECTOR OF POLICE, KUMARATCHI POLICE STATION, CUDDALORE DISTRICT.

CRIME NO.101 OF 2021.

For Petitioner : M/S.P.SARVALOGASUNDARI, Advocate for M/S.S.SILAMBARASAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 384 of IPC in Crime No.101 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.

The petitioner was granted anticipatory bail by this Court on 18.08.2022 on condition that he should furnish two sureties for a sum of Rs.10,000/- each within a period of 15 days from the receipt of the order copy.

3.

The learned counsel for the petitioner states that the petitioner is unable to arrange two sureties within a period of 15 days, due to his poverty, seeks for fresh order, wherein the petitioner can arrange for surety as directed by this Court in the earlier order within a period of two weeks from today (22.04.2022).

4.

Considering the representation made by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of two weeks from today (22.04.2022) from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.II, Chidambaram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(c)the petitioner shall report before the Investigating Officer daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation;

(d)the petitioner shall not abscond 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 has 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 22/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, CHIDAMBARAM.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KUMARATCHI POLICE STATION, CUDDALORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SILAMBARASAN Advocate on payment of necessary charges CRL OP.9307/2022 Date :22/04/2022 JPA 26/04/2022