Premkumar v. State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.17001 of 2022 Premkumar ... Petitioner Vs.
State represented by Inspector of Police, Central Crime Branch Police Station, Coimbatore City, Coimbatore in Crime No.1/2022 ... Respondent PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner/accused on bail as the petitioner is under judicial custody since 19.06.2022 in respect of Coimbatore City Central Crime Branch Police FIR in Cr.No.1/2022 for alleged offences under Sections 120B, 409, 420, 467, 468, 471 and 109 of IPC. For Petitioner : Mr.A.Immanuel For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 19.06.2022 for the offences punishable under Sections 120B, 409, 420, 467, 468, 471 and 109 of IPC in crime No.1 of 2022 on the file of the respondent police, seeks bail.
2. The petitioner was working as Manager of Indian Bank Branch at Cherammanagar, Coimbatore. The allegation is that the bank official had lend jewel loan to the tune of Rs.1,32,50,000/- on receipt of spurious jewels. However, entire amount has been disbursed to the loanees and thereafter, found that the entire jewels which was placed by the loanees are spurious. It is a mistake committed by the jewel appraiser and as far as the petitioner is concerned, he was working as the Manager. The other officials who were arrested, were released on bail.
3. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of his arrest i.e., 19.06.2022, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate-VII, Coimbatore, and on further conditions that:
[a] 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 twice daily at 10.30 a.m. and 5.30 p.m. for a period of four weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness 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/- 21/07/2022 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 JUDICIAL MAGISTRATE, NO.VII, COIMBATORE
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH POLICE STATION, COIMBATORE CITY, COIMBATORE 4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to Mr.A.Immanuel Advocate on payment of necessary charges SR.NO.11946 CRL OP.17001/2022 Date :21/07/2022 JPA 21/07/2022