IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

Crl.O.P.No.185 of 2022

Ramesh Kumar

...Petitioner

Versus

State represented by

...Respondent

The Inspector of Police

(*)Thiruvottiyur Police Station,

Thiruvallur District.

(Crime No.1195 of 2003)

PRAYER: Criminal Original Petition filed under Section 438 of the

Code of Criminal Procedure, to enlarge the petitioner on bail in the

event of his arrest concerned in S.C.No.166 of 2008, on the file of

the Additional District Sessions Court-IV, Ponneri.

For Petitioner : Mr.P.Chandrasekar

For Respondent : Mr.A.Gokulakrishnan

Additional Public Prosecutor

Dated:06/01/2022

: MR.L.Baskaran,Govt. Advocate( CRL. SIDE)

CRL.MP.NO.1863/2022 IN CRL.OP.NO.185/2022

Dated :28/02/2022

ORDER

The petitioner, who apprehends arrest at the hands of the

respondent police for the alleged offence under Sections 3(1) TNPPDL

Act r/w 34 of IPC in S.C.No.166 of 2008, on the file of the

Additional District Sessions Court-IV, Ponneri. seeks anticipatory

bail.

2. When the case was posted for hearing, the petitioner did not

appear before the Court. Accordingly, the lower Court issued Non

Bailable Warrant against the petitioner on 27.06.2019 for his non

appearance.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner submitted that the

petitioner is now ready to appear before the trial Court and to abide

by any stringent conditions imposed by this Court. Hence he prays for

grant of anticipatory bail to the petitioner.

4. Heard the learned Additional Public Prosecutor appearing for

the respondent police.

5. Considering the facts and circumstances of the case, this

Court is inclined to grant anticipatory bail to the petitioner with

certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail

in the event of arrest or on his appearance, within a period of

fifteen (15) days after lifting of lockdown or the commencement of

the Court's normal functioning whichever is earlier, before the

Additional District Sessions Court-IV, Ponneri, on condition that the

petitioner shall 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 respondent police or the police officer who

intends to arrest or to the satisfaction of the learned Magistrate

concerned and on further condition that:

(a) the petitioner and the sureties shall affix their photographs

and left thumb impression in the surety bond and the Court concerned

may obtain a copy of their Aadhar card or Bank pass Book to ensure

their identity;

(b) the petitioner shall appear before the trial Court on all

hearing dates, without fail.

(c) the petitioner shall not tamper with evidence or witness

either during investigation or trial;

(d) the petitioner shall not abscond 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]; and;

https://hcservices.ecourts.gov.in/hcservices/

(f) if the accused thereafter absconds, a fresh FIR can be

registered under Section 229-A IPC.

-sd/-

06/01/2022

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.

(*)Ame