M.Karvannan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Second day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14403 of 2022 M.KARVANNAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, UTHIRAMERUR POLICE STATION, KANCHEEPURAM DISTRICT.

(CRIME NO.405 OF 2022) For Petitioner : M/S.M.DEIVANANDAM Advocate For Respondent : MR.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 offences punishable under Sections 294(b), 506(i) and 420 of IPC in Crime No.405 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant was working under the petitioner's stone quarry. It is alleged that the petitioner availed dairy loan without the knowledge of the defacto complainant and other persons and cheated them. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an elected Vice President of Thirupulivanam Panchayat, Uthiramerur Taluk, Kancheepuram District. The victims are working under his quarry. Even according to the case of the prosecution, without the knowledge of the victims, dairy loan was availed by the petitioner and no cattles were purchased in their favour. He further submitted that the petitioner has been elected

independently and as such due to political motive, he has been falsely implicated in this case. However, the petitioner is ready to deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) to the credit of Crime No.405 of 2022, without prejudice to his right of defence. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner being a Vice President, cheated the defacto complainant and others by availing dairy loan without the knowledge of them. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only), without prejudice to his right of defence, to the credit of Crime No.405 of 2022, within a period of two weeks from the date on which the order copy made ready and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the District Munsif-Cum-Judicial Magistrate Court, Uthiramerur, 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/- 22/06/2022 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, UTHIRAMERUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, UTHIRAMERUR POLICE STATION, KANCHEEPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2CC to M/S.M.DEIVANANDAM Advocate on payment of necessary charges SR.No.9714 CRL OP.14403/2022 Date :22/06/2022 CSK 29/06/2022