Arulprakash v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5751 of 2022 ARULPRAKASH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AMMAPET POLICE STATION, SALEM DISTRICT CRIME NO.72 OF 2022 For Petitioner : M/S. B.VASUDEVAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) 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 offence punishable under Section 408 of IPC in Crime No.72 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein who is the Spare Parts Manager of the Defacto complainant's company is now facing investigation on the complaint given by his employer by alleging that 956 spare parts worth about Rs.3,75,000/- were missing. Hence, the complaint.

3. The learned counsel appearing for the petitioner has submitted that the petitioner had not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner claims that similar complaint was given earlier and CSR.Number also assigned and found that the complaint is false. Now in the name of different person, a

complaint has been lodged against the petitioner. Hence he prays to grant anticipatory bail to the petitioner and he is ready to abide any conditions.

4. The learned Government Advocate (Crl.Side) has submitted that the petitioner/A2 and the co-accused/A1 were responsible for the missing of 950 spare parts worth about Rs.3,75,000/-. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the rival submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioner on condition that he shall deposit a sum of Rs.1,00,000/-(Rupees One lakh Only) to the credit of Crime No.72 of 2022 before the learned Judicial Magistrate- V, Salem.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate- V, Salem on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One lakh only) to the credit of Crime No.72 of 2022 before the learned Judicial Magistrate- V, Salem;

(c) 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;

(d) the petitioner shall report before the Investigation Officer 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]; and (h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 14/03/2022 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.V, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, AMMAPET POLICE STATION, SALEM DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. B.VASUDEVAN Advocate on payment of necessary charges SR.NO.3912 CRL OP.5751/2022 Date :14/03/2022 JPA 18/03/2022