A.Ragu @ Raguraman vs State

C.V.Karthikeyan, J

The petitioner is arrayed as an accused in S.C.No.219 of 2013 pending trial on the file of the learned Principal District and Sessions Judge, Cuddalore, seeks bail.

2.Originally crime No.169 of 2013 had been registered by the respondent Police for the offences under Section 3 of TNPPDL Act.

3.It is stated that a Non-Bailable Warrant had been issued against the petitioner on 12.02.2014 and it had been executed only on 24.01.2024 after nearly 10 years.

4.The earlier application seeking bail in Crl.O.P.No.3521 of 2024 had been dismissed by this Court on 16.02.2024.

5.It is stated that after investigation, the final report had been filed and taken cognizance as S.C.No.219 of 2013 which is pending trial before the learned Principal District and Sessions Judge, Cuddalore. Now, summons have been issued to L.W.1 and other prosecution witnesses for recording evidence.

6.Taking that factor into consideration and also that liberty must be given to the petitioner to conduct trial, this Court is inclined to grant bail to the petitioner with subject to the following conditions.

Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Cuddalore 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 Principal District and Sessions Judge, Cuddalore, daily at 10.30 a.m., until completion of the trial.

[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.