A.Regunthan v. Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 120(B), r/w 409,468.471 of I.P.C r/w 13(2) r/w 13(1) (a) of PC Act in RCO322022(A)0024 on the file of the respondent, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner/A2 who was working as Security Supervisor in SAIL Chennai along with other accused committed theft of Steel and other materials from the Warehouse Chennai and sold the same to the scrap dealers and caused loss to the tune of Rs. 25,00,000/- to the company. Hence the case.
3. The learned Counsel for the petitioner would submit that A1 is the Warehouse Manager and he is the responsible person dealing with the warehouse materials and the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that the petitioner is ready to abide by any stringent
conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner herein is working as Security Supervisor in SAIL Chennai and he along with other accused committed theft of Steel and other materials from SAIL Warehouse chennai and sold the same to sold it to the scrap dealers and caused loss at about 25,00,000/- to the company. He further submitted that investigation is still pending. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record including the FIR.
6. Taking into consideration the facts and the submissions made by the learned counsel on either side and also considering the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. 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 on which the order copy made ready, before the Principal Special Judge for CBI Cases Sessions Judge, VIII Additional City Civil Court at Chennai, on condition that the petitioner shall execute a bond 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, 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 report before the respondent Police everyday at 10.30 a.m., for a period of four weeks and thereafter on every Saturday at 10:30 a.m until further orders;
[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 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 abscond, a fresh FIR can be registered under Section 229A IPC.
28.04.2023 smn
A.D.JAGADISH CHANDIRA , J.
smn 28.04.2023