Selvakumaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.2539 of 2021 Selvakumaran ... Petitioner -VsState rep. by ... Respondent Inspector of Police, CCIW, Salem.

(Crime No.1 of 2021) Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the Petitioner on bail in the event of his arrest in Crime No.1 of 2021 on the file of the respondent police.

For Petitioner : Mr.C.P.Palanichamy For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

The case has been heard through video conference The petitioner, who apprehends arrest for the alleged offences under Sections 409, 465, 468, 471 & 477A I.P.C, in Crime No.1 of 2021, on the file of the respondent/Police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner who was working as the secretary of the Industrial Workers Co-operative and Housing Society between the period of 01.01.2014 to 15.09.2014, at that time he was misappropriated to the tune of Rs.13,33,781/-. Hence, the compliant.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with this crime and he has been falsely implicated in this case. He would further submit that the petitioner is ready and willing to deposit considerable amount without prejudice to his contention and prays for anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that the petitioner is the Secretary of the Co-operative Society and

he has misappropriated the amount to the tune of Rs.13,33,781/-. He further submitted that there are no previous cases are pending against the petitioner. Hence, vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and that the investigation is also completed and there is no previous case pending as against the petitioner, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.7,00,000/- (Rupees Seven lakhs only) to the credit of Crime No.1 of 2021, before the learned Judicial Magistrate No.4, Salem, within a period of eight weeks from the date on which the order copy made ready, and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.4, Salem, 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, 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 deposit a sum of Rs.7,00,000/- (Rupees Seven lakhs only) to the credit of Crime No.1 of 2021, before the concerned Judicial Magistrate, within a period of eight weeks from the date on which the order copy made ready. [c] the final order in respect of the said deposit shall passed by the learned trial Judge at conclusion of trial. [d] the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] the petitioner shall not abscond either during investigation or trial.

[g] 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].

[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

7. With the above directions, this Criminal Original Petition is ordered.

-sd/- 22/02/2021 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.4, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE, SALEM [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CCIW, SALEM.

+1 CC to M/S.A.KALANIDHI Advocate on payment of necessary charges SR NO. 2131 CRL OP.2539/2021 Date :22/02/2021 MN-04/03/2021