R.Amrith Kumar v. The State Of Tamilnadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Sixteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21409 of 2021 R.AMRITH KUMAR [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMILNADU REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CCB POLICE STATION, CHENNAI DISTRICT CRIME NO.161/2020 For Petitioner : M/S.V.KARTHIKEYAN Advocate For Respondent : MR.N.S.SUGANTHAN, Counsel for Government 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 for the offences under Section 409 I.P.C., in Crime No.161 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, the petitioner had worked in the HDFC bank from March 2015 to March 2020. During his tenure, he has illegally transacted a sum of Rs.2,08,000/- Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit the petitioner had worked in HDFC bank from March 2015 to March 2020. During his tenure, he has transacted a sum of Rs.2,08,000/- in his credit card on various dates. Further, he submits that, the said amount was settled to the credit of HDFC bank by the petitioner on two different dates. Thereafter, he relived from

the said HDFC bank and he submits that, he has no knowledge about the case filed against him till he was taken to the police station for investigation.

4. The learned Government Advocate(crl.side) would submit that the petitioner paid the amount in two instalment to the credit of HDFC bank. The investigation is almost completed.

5. Considering the above fact that the investigation is almost completed, 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 Chief Metropolitan Magistrate Court, Egmore, Chennai, 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 learned 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 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]; and;

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

-sd/- 16/11/2021 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 CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, CCB POLICE STATION, CHENNAI DISTRICT.

+1 CC to M/S.V.KARTHIKEYAN Advocate on payment of necessary charges SR.NO.12920 CRL OP.21409/2021 Date :16/11/2021 RW 18/11/2021