P.R.L.Kathiravan v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15666 of 2020 P.R.L.Kathiravan ... Petitioner Vs.

The State represented by, The Inspector of Police, Anupparpalayam Police Station, Tiruppur District.

[Crime No. 3371 of 2020] ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No. 3371 of 2020, on the file of the respondent police.

For Petitioner : Mr.N.Chinnaraj For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 380 and 457 of IPC, in Crime No.3371 of 2020, on the file of the respondent, seeks anticipatory bail.

The case of the prosecution as per the defacto complainant viz.,M.Kalaiyarasan is that he was running a Garments Company under name of "Lakshmi Garments Company". On 21.09.2020, the said Company lock was broken and the baniyan cloths, compute set, laptop, wooden Beero, case drawer, ceiling fan, other company equipment's and GENSET kept outside of the company were stolen. Hence, the complaint was registered.

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 and the defacto complainant are known to each other and there was a financial dispute between them. Hence, he prays for grant of anticipatory bail to the petitioner.

The learned Additional Public Prosecutor submitted that the petitioner had committed theft of baniyan cloths, compute set, laptop, wooden Beero, case drawer, ceiling fan, other company equipment's and GENSET from the premises of the defacto complainant. Hence, he opposed for grant of anticipatory bail to the petitioner. Taking into consideration of the facts and submissions of the learned counsels, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions; 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 order copy is made ready, before the learned Judicial Magistrate No.III, Tiruppur, 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 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.

With the above directions, this Criminal Original Petition is ordered.

-sd/- 05/10/2020 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.III, TIRUPPUR.

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

4 THE INSPECTOR OF POLICE, ANUPPARPALAYAM POLICE STATION, TIRUPPUR DISTRICT.

+1 CC to M/S.N.CHINNARAJ Advocate on payment of necessary charges SR.No.6634 CRL OP.15666/2020 Date :05/10/2020 cs 14/10/2020