Thangammal v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16667 of 2021 1 THANGAMMAL [ PETITIONERS / ACCUSED ] 2 ARAVINTH 3 SELVI Vs 1 STATE REP.BY [ RESPONDENTS ] THE INSPECTOR OF POLICE/STATION HOUSE OFFICER, BANNA DEVI POLICE STATION, ALIGARH, UTTAR PRADESH.

2 STATE REP.BY THE INSPECTOR OF POLICE, ERUMAPATTI POLICE STATION, NAMAKKAL DISTRICT.

CRIME NO.0147 OF 2021.

For Petitioner : M/S.K.GANDHI KUMAR Advocate For Respondent : PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 & 420 of I.P.C, in Crime No. 0147 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner has filed this petition by the petitioner with regard to the offences committed beyond the territorial jurisdiction of the State of Tamil Nadu and seeks anticipatory bail so as to enable him to approach the appropriate Court.

3. The case of the prosecution is that the petitioner had misappropriated huge amount of Company's fund which resulted in great loss to the Company. Hence the complaint.

4. The learned counsel for the petitioner submits that the petitioner was implicated for the offences under Sections 406 & 420 of I.P.C, with regard the said offences committed within the jurisdiction of Banna Devi Police Station, Aligarh, Uttar Pradesh and the said police authorities have issued summons to the petitioner for his appearance and, therefore, for the purpose of presenting himself before the said authorities, in similar circumstances, this Court has granted interim anticipatory bail to the accused to enable him seek appropriate Bail Orders from the concerned Court having jurisdiction over the said respondent police.

5. Heard the learned Government Advocate(Crl.Side) appearing for the State.

6. The issue as to whether, in respect of the persons who have been accused of a non-bailable offence committed beyond the territorial jurisdiction of the State of Tamil Nadu, if his arrest is sought within the jurisdiction of this Court, irrespective of the fact that he is a resident of the place over which this Court can grant anticipatory bail under Section 438 Cr.P.C, came up for consideration before the Division Bench of this Court in the case of S.P.Shanthi Swaroop v. State of Tamil Nadu , rep. By Asst. Commissioner of Police, Central Crime Branch, Madras reported in 1992 L.W.(Crl).475. After elaborate discussions, decisions and considering the ratio laid down by the Patna High Court in Syed Safrul Hassan v.

State has passed the following order:- "For the foregoing reasons, we hold that the High Court or the Court of Session has got power under Section 438 Cr.P.C. To grant anticipatory bail irrespective of the locale of the Commission of the offence. In other words, in respect of persons who have been accused of a non-bailable offence committed beyond the territorial jurisdiction of the State of Tamil Nadu, if their arrest is sought within the jurisdiction of this Court, irrespective of the fact that they are residents of the place over which this Court can grant anticipatory bail.

However, we wish to observe that while granting anticipatory bail, this Court has to restrict the relief for a limited period and to direct the concerned persons to move the Court which is having jurisdiction over the matter in the meantime and also impose such condition so as to make the petitioners available for interrogation by the concerned police in the meantime. The reference is answered accordingly."

7. Thereafter, a learned Single Judge of this Court in the case of P.Thangavelu and others v. State, rep. By the Inspector of Police and other reported in 2017 (2) MWN (Cr.) 633 has passed the following orders,

"9.Thus , it is seen that though in the State of Uttar Pradesh, the provisions of Section 438, Cr.P.C., enabling grant of Anticipatory bail has been deleted, still the Courts have power to grant Inter-State Anticipatory Bail, more particularly taking into account the provisions under Article 21 of the Constitution of India. In the light of the above Judgments and discussions, this Court is of the view that Inter-State Anticipatory Bail can be granted to the petitioners for a limited period to enable them seek appropriate Bail Orders from the concerned Court.

10.Accordingly, Interim Anticipatory Bail is granted to the Petitioners herein till 01.08.2016. The Petitioners are directed to be enlarged on Bail in the event of their arrest or on their appearance before the Judicial Magistrate concerned, subject to the following conditions: (i) Each of the Petitioner shall execute a Personal Bond for a sum of Rs.10,000- (Rupees ten thousand only) with two sureties, to the satisfaction of the Respondent-Police or the Police Officer, who intends to arrest or to the satisfaction of the Magistrate concerned;

(ii) within the said period, ie., before 01.08.2016, the petitioners shall appear before the concerned Court of Jurisdiction and move for Anticipatory Bail before the said Court.

11. This Court makes it very clear that Inerim Anticipatory Bail pertaining to Inter-State disputes cannot be sought as a matter of right and it is purely the discretion of the Court in granting the same, considering the facts, circumstances and also the nature of offences. It is also made clear that this order, on being produced, shall be punctually observed and executed by all concerned."

8. In view of the decisions cited supra, I am inclined to grant interim anticipatory bail to the petitioner till 04.04.2019 Accordingly, interim anticipatory bail is granted to the petitioner till 04.04.2019. The petitioner is directed to be enlarged on bail in the event of arrest or on his appearance before the first respondent police and on further condition that: (i) the Petitioner shall execute a Personal Bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, to the satisfaction of the Respondent-Police or the Police Officer, who intends to arrest or to the satisfaction of the Magistrate concerned;

(ii) within the said period, i.e., before 04.04.2019 the petitioner shall appear before the concerned Court of Jurisdiction and file an appropriate application for regular bail before the said Court.

-sd/- 13/09/2021 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, NO.I, NAMAKKAL.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE/STATION HOUSE OFFICER, BANNA DEVI POLICE STATION, ALIGARH, UTTAR PRADESH.

4 THE INSPECTOR OF POLICE, ERUMAPATTI POLICE STATION, NAMAKKAL DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.K.GANDHI KUMAR Advocate on payment of necessary charges SR.NO.9901 CRL OP.16667/2021 Date :13/09/2021 TA-24/09/2021