S.Vinothkumar@Vinoth v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6872 of 2022 1 S.VINOTHKUMAR @ VINOTH [ PETITIONERS / ACCUSED ] 2 R.PREMKUMAR @ PREM 3 K.KALAISELVAN @ KALAI Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, PALLADAM POLICE STATION, TIRUPPUR, TIRUPPUR DISTRICT.
CR.NO. 207/2022.
For Petitioner : M/S. R.SUNIL KUMAR 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 306 of IPC in Crime No.207 of 2022, on the file of the respondent police, seek anticipatory bail.
2. The petitioners are employers in a showroom where one of the employee unauthorizedly took the test drive car and caused the accident. When that was enquired to reprieve, the said employee committed suicide. For his death these petitioners are alleged to be responsible and arrayed as accused.
3. On perusal of the Case Diary, this Court finds that case of suicide committed by the employer of the showroom cannot be attributed to these petitioners, who had enquired about the incident, in which the deceased has involved in taking the car selfly by impersonation and after causing damage to the car in a road accident, has left the car in the showroom and this has happened after the working hours during the midnight.
4. Considering the above facts, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate, Palladam, Tiruppur District on condition that each of the petitioners shall execute a separate bonds for a sum of Rs.25,000/- (Rupees Twenty Five 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) if the petitioners 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 petitioners 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;
(c) the petitioners shall report before the Investigating Officer as and when required;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners 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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 29/03/2022 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, PALLADAM, TIRUPPUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR(FOR INFORMATION) 3 INSPECTOR OF POLICE, PALLADAM POLICE STATION, TIRUPPUR, TIRUPPUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. R.SUNIL KUMAR Advocate on payment of necessary charges CRL OP.6872/2022 Date :29/03/2022 RVR 01/04/2022