P.Rajagopal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/03/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN P.Rajagopal ... Petitioner/ Accused No.1 Vs The State rep. by Inspector of Police, K.Pudur Police Station, Madurai City.

Crime No.221 of 2020. ... Respondent/Complainant For Petitioner : M/s.I.Sam Jegan, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.221 of 2020 on the file of the Respondent police ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 408, 120(B) of IPC seeks anticipatory bail.

2. It is case of illegal downloading of manufacturing techniques of the defacto complainant by the petitioner herein while he was working as Supervisor of the defacto complainant.

3. This Court earlier passed an interim order directing the petitioner to appear before the respondent police daily for 10 days and to co-operate with the investigation. Accordingly the petitioner has reported before the Investigating Officer from 04.03.2020 to 12.03.2020 and in the course of investigation, progress has been made and some documents has been recovered from the petitioner herein and based on those documents the respondent police had conducted investigation.

4. In view of the above facts, this Court is inclined to grant anticipatory bail to the petitioner on following 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, Madurai on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One lakh 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 said Magistrate, 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 daily at 10.30 a.m., until further orders. [c] the petitioner shall not leave Madurai without prior permission of the Court.

[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 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].

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 17/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, K.PUDUR POLICE STATION, MADURAI CITY.

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

+1 CC to M/s.R.SANKAR GANESH, Advocate (SR-5371[I] dated 17/03/2020)

ORDER

IN CRL OP(MD) No.3754 of 2020 Date :17/03/2020 AAV SRS/ JC/ SAR-I/ 20.03.2020/ 3P/6C