Dharmalingam v. State Rep. By

Crl.O.P.No.5789 of 2015 K.KALYANASUNDARAM, J.

The petitioners, who are arrayed as A1, A2 and A3, apprehend arrest at the hands of the respondent police, in pursuance of the Non-Bailable Warrant issued on 07.05.2015 by the learned Additional Assistant Sessions Judge-II, Villupuram, in connection with a case in S.C.No.324 of 2012 for the alleged offences punishable under Sections 392, 397 and 420 of IPC, in Crime No.483 of 2009 on the file of the respondent police and hence, seek anticipatory bail.

2.The learned counsel for the petitioners submitted that when the case was posted on 07.05.2015, due to apprehension of foisting of false cases against the petitioners, they left to their native place at Bangalore and returned back only in the month of February 2016. Hence, they were not able to appear before the learned Additional Assistant Sessions Judge-II, Villupuram. Therefore, they were issued Non-Bailable Warrant on 07.05.2015 by the learned Additional Assistant Sessions Judge-II, Vilupuram. Further, the learned counsel for the petitioners submitted that the petitioners undertake to appear before the trial Court for all future hearing dates, without fail. Further, he would submit that the petitioners, to show their bona fide, voluntarily agreed to pay a sum of Rs.5000/- [Rupees five thousands only] each 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 ari

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Additional Assistant Sessions Judge-II, Villupuram, on each of them executing a bond for a sum of Rs.5,000/- (Rupees five thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional Assistant Sessions JudgeII, Villupuram and on further condition that each of the petitioners shall pay a sum of Rs.5,000/- (Rupees five thousand only) towards donation by way of Demand Draft/Cheque favouring "Tamil Nadu Harijan Sevak Sangh" [No.58, Venkatanarayana Road, T.Nagar, Chennai 600 017, Mobile No.

99946 57433] as voluntarily 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 also directed to produce receipt of the same before the concerned Court and on further condition that the petitioners shall appear before the said Court in connection with the case in S.C.No.324 of 2012 for all future hearings without fail. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners shall appear before the concerned Court 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. 18.03.2016 ari Crl.O.P.No.5789 of 2015