Vijayan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16067 of 2021 VIJAYAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, RATHINAPURI POLICE STATION, COIMBATORE DISTRICT.

CR.NO.746/2021 For Petitioner : M/S.A.T.ANBU KUMAR Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) 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 alleged offence under Sections 420, 425, 468 of IPC in Cr.No.746 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is working in the defacto complainant company viz., Kavi Logistics for the past 20 years. The petitioner has misused his post and without receiving the goods had created LR and E-way Bill issued to the concern parties and cheated the company. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner was working for the past 20 years in the company with the father of the defacto complainant. Before three years, the defacto complainant taken charge of the company. After that, he started to remove all the old staff from his company by foisting false allegation. Hence, prayed for grant of anticipatory bail.

4. The learned Government Advocate appearing for the respondent submitted that investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 6.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 of receipt of a copy of this order, before the learned Judicial Magistrate-II, Coimbatore District, 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 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. 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]; and;

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

-sd/- 06/09/2021 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-II, COIMBATORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, COIMBATORE DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, RATHINAPURI POLICE STATION, COIMBATORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.A.T.ANBU KUMAR Advocate on payment of necessary charges SR.NO.9652 CRL OP.16067/2021 Date :06/09/2021 INBA 20/09/2021