Thamizhselvan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Sixth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11255 of 2022 J.TAMILSELVAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, VADALUR POLICE STATION, CUDDALORE DISTRICT (CRIME NO.301/2022) For Petitioner : M/S.S.VINOTH KUMAR Advocate For Respondent : M/S. A.DAMODARAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 420, 294(b), 506(i) of IPC in Crime No.301 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the 1st accused Viz., Vetriselvan is the Director, 2nd accused is the Assistant Manager and the petitioner/3rd accused is the Supervisor of the True Future India Network Private Company. More than 100 employees are working in the said Company. All the accused persons were alleged to have induced their employees that, if they would deposit Rs.5,000/-, they would get salary of Rs.10,000/-, if they would deposit Rs.10,000/-, they would get salary of Rs.15,000/- and if they would deposit Rs.15,000/-, they would get salary of Rs.20,000/- respectively. Upon their inducement, all the employees deposited the respective amounts and they received the salary for few months respectively. Subsequently, the 1st accused defaulted in paying the salary to the employees. Hence, on 09.04.2022, the de facto complainant and other employees approached the accused persons, where the accused persons have refused to pay their salary and abused them in filthy language. Hence, the complaint.
3. Totally there are three accused in this case. The petitioner is arrayed as A3 who is working as a Supervisor under the 1st accused. Entire allegation is that the victims are the employees of the 1st accused Company and they were not paid their salary. Even assuming that there are evidences made out as against the 1st accused, the petitioner as being the Supervisor of the A1, has nothing to do with the entire allegation.
4. Considering the above facts, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5. 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 learned District Munsif Cum Judicial Magistrate, Judicial Magistrate Court, Kurinjipadi, 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 report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.
[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 absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 06/06/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, JUDICIAL MAGISTRATE COURT, KURINJIPADI 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE(FOR INFORMATION) 3 INSPECTOR OF POLICE, VADALUR POLICE STATION, CUDDALORE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.S.VINOTH KUMAR Advocate on payment of necessary charges Sr.8523 CRL OP.11255/2022 Date :06/06/2022 RVR 09/06/2022