V.Anadan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of July Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.8781 of 2019 V.ANANDAN ... PETITIONER /SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.346 OF 2010) ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.SELVAKUMAR Advocate For Respondent : Mrs.M.ANANTHA DEVI, 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 at the hands of the respondent police for the offences punishable under Sections 409, 465, 468 and 471 of IPC in Crime No.346 of 2010, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that due to ulterior motive, a false case has been foisted against the petitioner. He further submitted that the petitioner is an innocent and he has been falsely implicated in the above case. Hence, he prayed for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the state has submitted that while the petitioner was working as Postmaster, he had temporarily misappropriated some amount from the account of one Palaniammal and subsequently, he repaid the amount and he has forged the signature of one Karuppasamy and took a sum of Rs.5,800/- from his account on 31.05.2008 and the said amount not yet paid by the petitioner. Hence, he strongly opposed this petition.

5.Taking into consideration the aforesaid submission made by the learned Government Advocate (Crl. Side), this Court is inclined to grant anticipatory bail to the petitioner by imposing conditions.

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 learned Judicial Magistrate, Sivakasi, Virudhunagar 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner shall deposit a sum of Rs.5,800/-(Rupees Five thousand and eight Hundred only) to the credit of Crime No.346 of 2010 before the learned Judicial Magistrate, Sivakasi, Virudhunagar District within a period of two weeks from the date of receipt of a copy of this order, without prejudice his defence before the trial Court;

(ii) If the petitioner fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(iii) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation. (iv) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(v) the petitioner shall not abscond either during investigation or trial.

(vi) 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]. (vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 02/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAKASI, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.S.SELVAKUMAR Advocate SR.No. 10879

ORDER

IN CRL OP(MD) No.8781 of 2019 Date :02/07/2019 JM/JC/SAR 4/12.07.2019/3P/6C