← Library
Madras High CourtCRL OP/23958/2023granted

Neelagandan Muthaiyan v. State Rep. By The Inspector Of Police Crime,

2023-10-30Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 408, 420 and 34 of IPC in Crime No.250 of 2023, seeks anticipatory bail.

2. The petitioner is arrayed as fifth accused. The defacto complainant is the Regional Manager of Best Money Gold Jewellery Private Limited and the said company buys gold and silver jewels, bars, coins and ornaments and has a Customer Service Call Centre located at Chrompet, Chennai.

3. It is alleged that some employees diverted the clients to others for commission and thereby damaged the reputation of the company and caused loss of Rs.2,00,000/-. It is stated that the accused Nos. 1, 2 and 3 had been arrested and enlarged on bail.

4. Taking into consideration all these facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. 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 on which the order copy made ready, before the District

Munisf cum Judicial Magistrate, Pallavaam, 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, failing which, the petition for anticipatory bail shall stand dismissed 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 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 once in a week ie., on every Monday at 10.30 a.m., for a period of three weeks and thereafter as and when required.

[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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

30.10.2023 vsg

C.V.KARTHIKEYAN , J.

vsg 30.10.2023