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Madras High CourtCRL OP/30852/2024granted

Ramakrishnan v. State Rep.By

2024-12-11Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2024

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.30852 of 2024 RAMAKRISHNAN S/O. PANDIMUTHU, NO.1133A, POOSERI, MUDUKULADUR TALUK, POOSERI, RAMANATHAPURAM - 623 711, TEMPORARILY RESIDING AT MOWASLAT TRANSPORT COMPANY, NEW INDUSTRIAL AREA STREET, 32, AR-RAYYAN QTAR BOX - PETITIONER Vs STATE REP.BY INSPECTOR OF POLICE, CCB TEAM -1, CHENNAI.

RESPONDENT For Petitioner(s):

VELLIDOSS SATTU S. MAREESWARAN M. MANJULA For Respondent(s):

MR. S. SANTHOSH, ADVOCATE (CRL. SIDE)

ORDER

The petitioner who apprehends arrest pursuant to the Non Bailable Warrant of arrest issued against him, dated 02.03.2024, in CC No.10612/2022, on the file of the Chief Metropolitan Magistrate, Egmore, Chennai, seeks anticipatory bail.

2. The learned counsel appearing for the petitioner would submit that the petitioner is an accused in Crime No.279/19 registered by the respondent police for the offences punishable under Section 67 of the Information Technology (amended) Act 2008 and Section 4 of the Tamilnadu Prohibition of Harassment of Women Act 2002. He would further submit that the petitioner was earlier arrested and later released on bail. After investigation, the respondent police has filed the final report and the case has been taken on file in CC No.10612/2022. Subsequently the petitioner left for Saudi Arabia due to his employment as there being no summons being served on him. The Trial Court had issued a Non bailable warrant of arrest against the petitioner. He would further submit

that the petitioner is presently working in Kathar, Saudi Arabia and he is ready to surrender before the concerned court and to cooperate for the speedy disposal of the trial in C.C. No.10612/2022.

3. The learned Government Advocate would submit that the petitioner was arrested and granted bail. After completing investigation the respondent police has filed the final report and the same has been taken on file in C.C. No. 10612/2022 on the file of the Chief Metropolitan Magistrate, Egmore. Since the petitioner did not appear before the trial court, a non bailable warrant of arrest has been issued and pursuant to which look out circulation has also been issued and pending against the petitioner. He further submitted that the next hearing date before the Chief Metropolitan Magistrate, Egmore, Chennai, is 10.01.2025. 4.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police.

5. Taking into consideration the facts and circumstances of the case and that the warrant has been issued against the petitioner without

service of summons, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Chief Metropolitan Magistrate Court, Egmore, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the Chief Metropolitan Magistrate, Egmore, Chennai, on further condition that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner shall report before the Chief Metropolitan Magistrate, Egmore, Chennai, on all working days at 10.30 a.m for a period of two weeks and there after on the dates fixed by the learned trial court judge. (c) The petitioner shall surrender his passport. [d] the petitioner shall not tamper with evidence or

witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;

[f] 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 269 of BNS.

11.12.2024 Note: Issue Order copy today, i.e. 11.12.2024 To

1. The Inspector of Police, CCB Team-1, Chennai.

2. The Chief Metropolitan Magistrate, Egmore, Chennai

bga