Madras High CourtCRL OP(MD)/13736/2017granted

R.Manoj Kumar v. The Inspector Of Police

2017-10-24Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13736 of 2017 R.MANOJ KUMAR ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SINGAMPUNARI POLICE STATION, SIVAGANGAI DISTRICT, CR NO. 186/2017. RESPONDENT / COMPLAINANT For Petitioner : M/S.A.ARUNKUMAR Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.2, apprehends arrest at the hands of the respondent police for offences punishable under Sections 406, 408 and 420 of I.P.C., in Crime No.

186 of 2017, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was working as a Assistant Manager in Manappuram finance, Singampunari Branch, Sivagangai District. After auditing, 102 grams of gold was replaced by placing fake jewels. Immediately, thereafter, the Regional Manager lodged a complaint before the respondent police against the A1 and A2.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that to prove his innocence, the petitioner is ready to deposit a sum of Rs.70,000/- (Rupees Seventy Thousand only) without prejudice to his defence before the lower Court.

4. The learned Government Advocate (Crl.side) appearing for the State submitted that the 12 soverigns of gold was misplaced and investigation is still pending.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), I am inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/

petitioner with certain conditions. 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, Thirupathur, Sivagangai District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties 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.70,000/- (Rupees Seventy Thousand only) to the credit of Crime No.186 of 2017 before the learned Judicial Magistrate, Thirupathur, Sivagangai District, without prejudice to his defence before the trial Court;

(ii) the petitioner shall report before the respondent police, daily at 10.00 a.m., for a period of two weeks, and thereafter, as and when required for interrogation;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(v) the petitioners shall not commit any offence while on bail;

(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 and the anticipatory bail granted stands cancelled automatically.

sd/- 24/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUPATHUR, SIVAGANGAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, SINGAMPUNARI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.ARUNKUMAR Advocate SR.No.33099 ORDER IN CRL OP(MD) No.13736 of 2017 Date :24/10/2017 MKV-CM-MSA-SAR 4/26.10.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/