Ramesh v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Ramesh

...Petitioner

Vs.

State rep. by, Inspector of Police, Sembanarkovil Police Station, Mayiladuthurai District.

(Crime No.228/2013)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in SC No. No.48 of 2021 on the file of the Addl. District Court, Mayiladuthurai. For Petitioner : Mr.C.T.Saravanan For Respondent: Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 27.07.2022 on execution of Non-Bailable Warrant issued by the Additional District Court, Mayiladuthurai for the offence under 1/4

Section 3(1) of TNPPDL Act in S.C.No.48 of 2021 in respect of crime No.228 of 2013 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the date of occurrence, the petitioner along with other accused persons had wordy quarrel with the de-facto complainant and also attempted to damage the house hold articles. Hence, the case.

3. The petitioner failed to appear before the trial Court on 01.07.2022 and as such, NBW was issued as against the petitioner. On execution of NBW, the petitioner was arrested and remanded to judicial custody on 27.07.2022.

4. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of his arrest i.e., on 27.07.2022, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing 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 2/4

Additional District Court, Mayiladuthurai, and on further conditions that:

[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 trial Court twice daily at 10.30 a.m. and 5.30 p.m., for a period of six weeks and thereafter on all further hearing dates.

[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.

26.08.2022 mpl 3/4

G.K.ILANTHIRAIYAN, J.

mpl To

1. The Additional District Court, Mayiladuthurai. 2.The Inspector of Police, Sembanarkovil Police Station, Mayiladuthurai District.

3.Sub-Jail, Mayiladuthurai.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.20352 of 2022 26.08.2022 4/4