Kuppusamy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G. CHANDRASEKHARAN CRIMINAL ORIGINAL PETITION No.10738 of 2022 1 KUPPUSAMY [ PETITIONERS / ACCUSED ] 2 R.SELVAM 3 M.SURESH Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VELLAKOVIL POLICE STATION, TIRUPUR DISTRICT.

CRIME NO.27/2022.

For Petitioner : M/S.N.STALIN Advocate For Respondent : MR.N.S.SUGANTHAN, Government 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 Sections 381 and 511 of IPC, in Crime No.27 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that these petitioners are alleged to have attempted to steal the lift machine along with another accused.

3. The learned counsel for the petitioners submits that the petitioners were working under the de facto complainant. When they demanded salary due to them, dispute has arisen between the petitioners and the de facto complainant, due to which, the de facto complainant foisted a false case against the petitioners.

4. The learned Government Advocate (crl.side) appearing for the respondent submits that the petitioners worked for 15 days. He further submits that the property has been recovered from them.

5. Considering the rival submissions and the facts and circumstances of the case, recovery of the property, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 Court, Kangayam, 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 daily at 10.30 a.m., until further orders;

(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/- 05/05/2022 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, KANGAYAM.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VELLAKOVIL POLICE STATION, TIRUPUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.N.STALIN Advocate on payment of necessary charges SR.NO. 6807 CRL OP.10738/2022 Date :05/05/2022 RW 11/05/2022