Sundar@ Sundarraj v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Seventh day of January Two Thousand Twenty PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.746 of 2020 SUNDAR @ SUNDARRAJ [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, CCB, TIRUPPUR DISTRICT CR.NO.16 OF 2019.

For Petitioner : M/S.M.RANJITH KUMAR Advocate For Respondent : MR.C.IYYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 120-B, 406, 409, 420 and 106 of I.P.C. in Cr.No.16 of 2019 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with the other accused is alleged to mis-appropriated the funds lying in the 'illness fund' in the Collector Office. On the basis of the complaint given by the Deputy Collector, Tiruppur, the case came to be registered.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The learned counsel, on instructions would further submit that the petitioner is ready to deposit a sum of Rs.4,80,000/- to the 'illness fund' in the Collector Office.

4.The learned Additional Public Prosecutor would submit that if the petitioner is ready to deposit the amount, this Court may consider for releasing him in anticipatory bail.

5.Considering the fact that the petitioner is ready to deposit a sum of Rs.4,80,000/-, this Court is inclined to grant anticipatory bail to the petitioner.

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 days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Tiruppur, 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 shall deposit a sum of Rs.4,80,000/- (Rupees Four Lakhs and Eighty Thousand Only) directly to the 'Illness Fund', Office of the District Collector, Tiruppur, within a period of two weeks. The proof for the same shall be produced at the time of executing the bond.

(b)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;

(c)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 27/01/2020 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.

TO 1 THE JUDICIAL MAGISTRATE, NO.IV, TIRUPPUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CCB, TIRUPPUR DISTRICT.

5 THE OFFICER INCHARGE, ILLNESS FUND,OFFICE OF THE DISTRICT COLLECTOR, TIRUPPUR CC to M/S.M.RANJITH KUMAR Advocate on payment of necessary charges sr.1709 CRL OP.746/2020 Date :27/01/2020 RVR 30/01/2020