C.Samgiftson v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9894 of 2020 C.SamGiftson S/o. Chandran No.15/78, NGO colony Dharapuram, Tiruppur 638 656 ... Petitioner Vs.

State Rep. by The Inspector of Police, Thiruvannamalai Taluk Police Station Thiruvannamalai District Cr. No.1779 of 2020 ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.1779 of 2020 on the file of the respondent police. For Petitioner : Mr. A. Manoj Kumar For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 and 511 of of IPC in Crime No.1779 of 2020 seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant, who is the General Manager of Thiruvannamali Cooperative Milk Producers Union has lodged a complaint alleging that the petitioner who was working as a Deputy Manager (Dairy) in charge to the Chilling Centre, Vengikal, Thiruvannamalai District Cooperative Milk Producers Union along with the the other accused persons was illegally drawing 20 litres of milk every alternative day from the milk vehicle.

3. The learned counsel appearing for the petitioner would submit that the petitioner was working as a Deputy Manager (dairy) to the Chilling Centre and infact he was deputed for the said post from 25.05.2018 to 31.10.2019. The duty of the petitioner is that whenever the milk vehicle arrives at the Chilling Center, he has to monitor the quantity and quality of the milk and his duty is within the premises of chilling center and therefore, he never involved in the offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor would submit that the petitioner along with the other accused was drawing milk to the tune of 20 litres every alternative day from the milk lorry and it was happening for the past 20 days prior to the complaint.

5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) to the credit of Crime No.1779 of 2020, within a period of two weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate-II, Thiruvannamalai, 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty five thousand only) to the credit of Crime No.1779 of 2020, before the concerned Magistrate, within a period of two weeks from the date on which the order copy made ready.

[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioner shall appear before the respondent police daily at 10.30 a.m.,for a period of four weeks and thereafter 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 02/07/2020 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.II, THIRUVANNAMALAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB-INSPECTOR OF POLICE, THIRUVANNAMALAI TALUK POLICE STATION, THIRUVANNAMALAI DISTRICT, CC to M/S. A.MANOJKUMAR Advocate on payment of necessary charges CRL OP.9894/2020 Date :02/07/2020 RD 18/08/2020