Kannan, v.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.6528 of 2019 KANNAN, ... PETITIONER / ACCUSED No.3 Vs STATE REP.BY THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT.

(IN CRIME NO.114 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.V.SELVA Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor 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 offences under Sections 406, 409,420, 120(B), I.P.C 468 and 471 of I.P.C, in Crime No.114 of 2019, on the file of the respondent police, seeks anticipatory bail. 2.It is the case of the prosecution that the petitioner is arrayed as A3. The petitioner and other accused persons were working in Jamai Ice Cream Company, Uthangudi, Madurai. The first accused is Manager, namely Rajkumar and the second accused is wife of the first accused.

The first accused created forged bills in the name of the said company and cheated a sum of Rs.13,47,171/- from 15 dealers in various district and the petitioner was also cheated a sum of Rs.10,46,500/- from 15 dealers for refrigerator insurance amount. Both amounts were not repaid to the company. Hence the 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. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the investigation is still pending. 5.Considering the facts and circumstances of the case and also considering the nature of allegation levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 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 learned Judicial Magistrate, Melur, Madurai District on condition that the petitioner shall execute a bond for a sum of Rs.

(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 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/- 30/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to MR.V.SELVA Advocate SR.No.8018

ORDER

IN CRL OP(MD) No.6528 of 2019 Date :30/04/2019 AE/PN/SAR-II/ (08.05.2019) 3P 6C