R. Subramani v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.3386 of 2019 R.SUBRAMANI ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TRICHY CITY, CRIME NO. 6/2019 ... RESPONDENT / COMPLAINANT For Petitioner : MR.B.JAMEEL ARASU Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody since 14.02.2019 for the offence punishable under Sections 408 and 420 of IPC in Cr.No.6 of 2019, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner is employed as a Sales Officer in the defacto complainant from 21.04.2017 to 07.07.2017. During the period of employment the petitioner has sold company products to seven companies without getting any permission. Hence, this complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that he has sold the products as per the earlier procedure there is no loss to the company and even the company can recover the amount from the purchaser. Hence he prayed for bail.

4.The learned Government Advocate (Crl. Side) would submit that investigation is pending 5.Considering the facts and circumstances of the case and considering the period of incarceration and also considering the fact that the amount can be recovered from the purchaser, this Court is inclined to grant bail to the petitioner. 6.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, of whom, one should be a blood https://hcservices.ecourts.gov.in/hcservices/

related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Trichy and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the concerned 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 daily daily at 10.30 a.m. until further orders; (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 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;

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

sd/- 05/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TRICHY CITY.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.B.JAMEEL ARASU, Advocate SR-4278

ORDER

IN CRL OP(MD) No.3386 of 2019 Date :05/03/2019 JM/MMS/SAR 4/05.03.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/