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Madras High CourtCRL OP/1750/2022granted

P.Balaji v. State Rep.By Its

2022-01-27Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.1750 of 2022 P.Balaji

...Petitioner

Versus

1. State rep. by its The Sub Inspector of Police Penukonda Police Station Anantapur District, Andhra Pradesh State.

In Crime No.341 of 2021

2. State Rep by The Inspector of Police T6, Avadi Police Station Nehru Bazar Road, Avadi.

...Respondents

PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on Interstate Anticipatory Bail in the event of his arrest by the 2nd respondent pending investigation in Crime No.341 of 2021 on the file of the1st respondent police.

For petitioner : Mr.J.Samiullah For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 420 of IPC in Crime No.341 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has misappropriated a sum of Rs.70,000/- in defacto complainant's company (KIA India Private Limited Company). Hence the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the

prosecution and he is an innocent and he has been falsely implicated in this case. He further submitted that Interstate Anticipatory bail may be granted to him to enable him to move the appropriate jurisdictional Court for necessary relief. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant inter-state interim anticipatory bail to the petitioner for a period of six weeks from today to enable him to move the concerned Court.

5. Accordingly, interim interstate anticipatory bail is granted to the petitioner for a period of six weeks, on condition that the petitioner shall surrender before the learned Judicial Magistrate-I, Poonamalle, within a period of fifteen days from the date on which the order copy made ready and 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 said learned Magistrate. Further, within four weeks from the date of execution of bail bond, the petitioner shall approach the competent Court seek appropriate relief.

6. This petition is ordered accordingly.

-sd/- 27/01/2022 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.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, POONAMALLEE 2 SUB INSPECTOR OF POLICE, PENUKONDA POLICE STATION, ANANTAPUR DISTRICT.

ANDHRA PRADESH STATE.

3 THE INSPECTOR OF POLICE, T6, AVADI POLICE STATION, NEHRU BAZAR ROAD, AVADI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.SAMIULLAH Advocate on payment of necessary charges Sr.1312 CRL OP.1750/2022 Date :27/01/2022 RVR 02/02/2022