V.Thirumal v. Sub Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner/A1 who apprehends arrest at the hands of the respondent police for the alleged offences under Section 409 of IPC registered in Crime No.471 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. It is stated that the petitioner, who is working as Sub Post Master in Vandavasi Post Office, had misappropriated Rs.2,56,000/- from the account holder of Public Small Savings Scheme in the said Post Office. It is stated that the petitioner has been suspended from service. Subsequently, he had remitted back the amount.

3. Taking an over all consideration of the entire facts of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

4. Accordingly, the petitioner is ordered to be released on bail in 1/4

the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Cheyyar on condition that each 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent Police every day at 10.30 a.m. until further orders;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners shall not abscond either 2/4

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 petitioners 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; 05.02.2024 mjs 3/4

C.V.KARTHIKEYAN , J.

mjs 05.02.2024 4/4