S.Dinakaran v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Fifth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.25704 of 2021 S.DINAKARAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CCIW CID, INDUSTRIAL ESTATE, GUINDY, CHENNAI.
CRIME NO.1 OF 2021.
For Petitioner : M/S. C.PRAKASAM Advocate For Respondent : MR.S.BALAJI, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 408, 409, 468, 471, 477(A) & 109 of I.P.C in Cr.No.1 of 2021, seeks anticipatory bail and it seen that this is a third Anticipatory bail petition filed before this Court.
2.The case of the prosecution is that the petitioner and other accused persons were working as a Special Officers in Sembakkam Cooperative Housing Society in various designations, during that period they had committed irregularities in the said Society and misappropriated the funds to the tune of Rs.1,76,00,000/-. Thereby the De-facto Complainant lodged a complaint against the petitioner.
3. The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The learned counsel further submits that the anticipatory bail may be granted to the petitioner since, the co-accused persons were enlarged on Anticipatory bail by this Court.
4.The learned Government Advocate (Crl.Side) submitted that the co-accused persons are enlarged on Anticipatory bail by this Court.
5. Considering the facts and circumstances of the case and in view of the submission made by the Government Advocate (Crl.Side) that co-accused persons were enlarged on bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner is granted anticipatory bail and he 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-I, Chengalpattu, Chengalpattu 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)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b)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; (c)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 05/01/2022 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.I, CHENGALPET, CHENGALPET DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, CCIW CID, INDUSTRIAL ESTATE, GUINDY, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. C.PRAKASAM Advocate on payment of necessary charges CRL OP.25704/2021 Date :05/01/2022 JPA 10/01/2022