Ramesh v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.05.2021 CORAM :

THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN Crl.O.P.No.8801 of 2021 Ramesh S/o.Lakshmanan .. Petitioner Vs.

The State :

Rep. by Inspector of Police Pagasalai P.S.

Nagapattinam.

... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in the above case in Crime No.19 of 2013 (PRC.No.8 of 2018) on the file of the respondent police.

For Petitioner : Mr.M.Murali For Respondent : Mr.Charles Premkumar Government Advocate (Crl. Side) ****

O R D E R

(The case has been heard through video conference) Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

2. The petitioner was arrested and remanded to judicial custody on 24.03.2021 for the alleged offence under Section 3(1) of the Tamil Nadu Property (Prevention of Damage & Loss) Act in Crime No.19 of 2013. He seeks bail.

3. The petitioner was originally granted bail. It appears that since he got job overseas, he did not appear before the Court leading to issuance of a Non-Bailable warrant. The petitioner, through his counsel, gives an undertaking that in future he will attend all the hearings either in person or through counsel. If the undertaking given by the petitioner is breached, the benefit of the order will stand recalled.

4. Recording the undertaking given by the petitioner, bail is granted to the petitioner subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Judicial Magistrate No.II, Mayiladuthurai and on further conditions that: (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner shall not commit any offences of similar nature;

(d) the petitioner shall not abscond either during investigation or trial;

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

(f) on breach of any of the aforesaid conditions, the learned Judicial 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];

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

4. With the above directions, this Criminal Original Petition is ordered.

-sd/- 06/05/2021 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, MAYILADUTHURAI.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM DISTRICAT. (FOR INFORMATION) 3 THE INSPECTOR OF POLICE, PAGASALAI P.S, NAGAPATTINAM.

4 THE SUPERINTENDENT, CENTRAL PRISON, NAGAPATTINAM.

5 THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS, CHENNAI.

+1 CC to M/S.M.MURALI Advocate on payment of necessary charges SR.No.6027 CRL OP.8801/2021 Date :06/05/2021 rg.07.05.2021