Sekar v. The State Of Tamil Nadu Represented By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.04.2025

CORAM:

THE HON`BLE MR.JUSTICE SUNDER MOHAN B. Sekar S/o. Balasubramaniam ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, Anti Corruption Bureau, Chennai.

... Respondent [Cr. No.RC0322025A0001] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Cr. No. RC0322025A0001 on the file of the respondent police. For Petitioner : Mr.K.S. Karthik Raja For Respondent : Mr. K Srinivasan, Special Public Prosecutor, for CBI Cases.

ORDER

The petitioner / Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 406, 409 and 1/5

420 of IPC in connection with the case in Cr. No.RC0322025A0001, seeks anticipatory bail.

2. The petitioner, an accused in Cr. No.74 of 2022 on the file of the Inspector of Police, Kamanaickenpalayam Police Station, Tiruppur, was arrested on 18.03.2022 and released on bail under Section 167(2) of Cr.P.C. by an order dated 17.08.2022 and since investigation was subsequently transferred to the respondent herein, pursuant to the orders of this Court in Crl. O.P. No.20750 of 2024, apprehends arrest at the hands of the respondent.

3. It is the case of the prosecution that the petitioner, who was working as Cashier in a bank, had committed misappropriation of jewels and thus cheated the bank and taken away the jewels and cash of Rs.90,80,000/-.

4. The learned counsel appearing for the petitioner would submit that though the petitioner was granted bail by this Court, investigation 2/5

has now been transferred and considering the fact that the petitioner has already suffered incarceration, he may be granted anticipatory bail and he would abide by any stringent conditions.

5. The learned Special Public Prosecutor for CBI cases appearing for the respondent police, reiterated the prosecution case and on instructions, submitted that the petitioner may be directed to appear before the respondent for investigation.

6. Considering the aforesaid facts, this Court is inclined to grant anticipatory bail directing the petitioner to appear before the respondent police once a week i.e., Saturday at 10.30 a.m. The earlier bond and the sureties executed by the petitioner shall continue to be in force. Further, [a] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[b] the petitioner shall not abscond either during investigation or trial;

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[c] 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 [d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

02.04.2025 mjs To 1.The Public Prosecutor, High Court, Madras.

2.The Inspector of Police, Anti Corruption Bureau, Chennai. SUNDER MOHAN. J., mjs 4/5

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