A.Thomas v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.5636 of 2021 A. Thomas ... Petitioner Vs.

State by Inspector of Police, J-13, Tharamani Police Station, Chennai.

(Crime No.721 of 2020) ... Respondent PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.721 of 2020.

For Petitioner : Mr.J. Karthik For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 420, 506(i) and 294(b) of IPC in Crime No.721 of 2020 seeks anticipatory bail.

2.Totally there are three accused in this case and the petitioner herein arrayed as A3. The case of the prosecution is that the petitioner along other accused cheated the defacto complainant's company to the tune of Rs.21,00,000/- Hence, the defacto complainant has registered a case against the petitioner. 3.The learned counsel appearing for the petitioner submits that A1 and A2 are the proprietors of the company in which the defacto complainant had made transaction and the petitioner/A3 is working as a manager in the said company and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits that the petitioner along other accused cheated the defacto complainant's company to the tune of Rs.21,00,000/. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and the petitioner/A3 is working as a manager in the said company and the main accused are A1 and A2, 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 XVIII Metropolitan Magistrate, Saidapet 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 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;

(b) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. -sd/- 22/06/2021 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 METROPOLITAN MAGISTRATE NO.XVIII, SAIDAPET, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, J-13, THARAMANI POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.KARTHIK Advocate on payment of necessary charges CRL OP.5636/2021 Date :22/06/2021 MK:17/07/2021