Krishnakumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9060 of 2022 Krishnakumar ... Petitioner Vs.

The State rep. by The Inspector of Police, Thirupapuliyur Police Station, Cuddalore District.

(Crime No.263 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail, in the case pending investigation in Crime No.263 of 2022 on the file of the respondent police.

For Petitioner : Mr.S.Kasirajan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioner, who was arrested for the offences punishable under Section 379 of IPC in Crime No.263 of 2022 on the file of the respondent police, seeks bail.

2.The petitioner herein, who was engaged by the complainant Bank for replenishing ATM machine with currency, is alleged to have committed theft of Rs.6,97,500/-. He was arrested on 18.03.2022 and remanded to the judicial custody.

3. Considering the fact that the entire money stolen from the ATM has been recovered and the investigation is substantially completed, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Cuddalore.

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner is directed to appear before the Investigating Officer daily at 10.30 a.m. until further orders.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) on breach of any of the aforesaid conditions, the learned Judicial 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]; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 21/04/2022 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.III, CUDDALORE.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, THIRUPAPULIYUR POLICE STATION, CUDDALORE DISTRICT 4 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.KASIRAJAN Advocate on payment of necessary charges SR.NO.5932 CRL OP.9060/2022 Date :21/04/2022 JPA 21/04/2022