Dharmalingam v. The Inspector Of Police

Crl.O.P.No.5788 of 2016 K.KALYANASUNDARAM,J.

The petitioners, who arrayed as A1 and A3, apprehends arrest at the hands of the respondent police, in pursuance of the Non-Bailable Warrant issued on 07.05.2015 by the learned Judicial Magistrate No.I, Puducherry, in connection with a case in C.C.No.468 of 2011 for the alleged offences punishable under Sections 420 r/w 34 of IPC, on the file of the respondent police and hence, seeks anticipatory bail.

2.The learned counsel appearing for the petitioners submitted that the case was registered in the year 2009 and the petitioners were regularly appearing before the trial court and they could not appear before the trial court on 07.05.2015 and therefore, the non-bailable warrant was issued against them. The learned counsel further submitted that the petitioners undertake to appear before the trial court for all future dates without fail. Further, he would submit that the petitioners, to show their bona fide, volunteered and agreed to pay a sum of Rs.5000/- each [Rupees Five Thousand only] towards donation.

3.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

4.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

K.KALYANASUNDARAM, J.

smi

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate-I, Puducherry and on their 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 learned Sessions Judge concerned and on further condition that the petitioners shall pay a sum of Rs.5000/- (Rupees Five Thousand only) towards donation to the Tamilnadu Haritan Sevak Sangh, No.58, Venkatanarayana Road, T.Nagar, Chennai - 600 017, Phone No.9994697433, by way of Cheque/Demand Draft as volunteered and agreed by them before this Court, within a period of two weeks from the date on which, the copy of the order is made ready and the petitioners shall appear before the trial court in connection with a case in C.C.No.468 of 2011 for all future hearings without fail. Except on those days their absence is condoned by filing a petition under Section 317 Cr.P.C. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. 17.03.2016 smi

Crl.O.P.No.5788 of 2016