Veerakumar v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.06.2021

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10521 of 2021 Veerakumar .. Petitioner -VsThe State Rep. by The Inspector of Police, CCIW, Thiruvarur Police Station, Thiruvarur District.

.. Respondent Prayer: Criminal Original petition filed under Section 438 of Cr.PC to enlarge the petitioner on bail in the event of his arrest in connection with the crime No.2 of 2021 on the file of the respondent police.

For Petitioner : Mr.S.Kingston Jerold For Respondent : Mr.A.Gopinath Government Advocate (Criminal Side)

O R D E R

The petitioner who apprehends arrest at the hands of the respondent police for the offences publishable under Section 408, 409, 465, 465, 468, 471 and 477-A of IPC in Crime No.2 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant of the Society is that the petitioner along with other accused had misappropriated a sum of Rs.3,26,878/- Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. The petitioner has already repaid a sum of Rs.3,26,878/- to the Society.

4. The learned Government Advocate submitted that the petitioner has repaid the amount which was misappropriated by him and therefore, he has no serious objection to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel that the petitioner is repaid the whole amount, which was misappropriated by him, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

6. Accordingly, the petitioner is directed to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the copy of this order is made ready, 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 Judicial Magistrate-I, Mannargudi, 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 every day 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.

-sd/- 17/06/2021 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.I, MANNARGUDI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CCIW, TIRUVARUR POLICE STATION, THIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.KINGSTON JEROLD Advocate on payment of necessary charges CRL OP.10521/2021 Date :17/06/2021 MK:14/07/2021