Govindhan@Govindharaj v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Seventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.12646 of 2022 GOVINDHAN @ GOVINDHARAJ [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, ERIYUR POLICE STATION, DHARMAPURI DISTRICT.

CR.NO.62 OF 2022.

For Petitioner : M/S.M.SELVAM Advocate For Respondent : M/S.C.E.PRATAP, Govt. Advocate (Crl. Side) Assist by MR.R.S.NIRANJAN, PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 379 of IPC, in Crime No.62 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is working as a Mobile Security in Ever Green Management Company and he used to visit the Dharmapuri and Krishnagiri, monitoring Airtel and Vodafone Towers. On 08.04.2022, the Nagamari village Airtel Tower Cabnet box was found missing. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is ready to cooperator for the investigation and to abide by any condition imposed by this Court and would pray for grant of anticipatory bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that the property has been recovered and there is no previous case against the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent.

6. Considering the facts and circumstances of the case and the fact that there is no previous case against the petitioner and the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioner.

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 learned District Munsif cum Judicial Magistrate, Pennagaram, on conditions 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 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 Court concerned 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.

(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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 27/05/2022 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 DISTRICT MUNSIF-CUM JUDICIAL MAGISTRATE, PENNAGARAM.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ERIYUR POLICE STATION, DHARMAPURI DISTRICT.

+1 CC to M/S.M.SELVAM Advocate on payment of necessary charges SR.NO.8128 CRL OP.12646/2022 Date :27/05/2022 TA-01/06/2022