Madras High CourtCRL OP(MD)/14405/2017granted

Gururaj v. The Inspector Of Police

2017-10-27Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14405 of 2017 GURURAJ ...PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP. BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, Crime No.13/2016.

... RESPONDENT/COMPLAINANT For Petitioner : Mr.C.SUSIKUMAR Advocate For Respondent : Mr.K.ANBARASAN, Government 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, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 408 and 120(b) of I.P.C., in Crime No.13 of 2016, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant is working as Assistant Manager in Muthoot Mercantile Limited. The de-facto complainant Company having several branches in all over Tamil Nadu, which are mainly dealing with the lending loan by getting jewels from the customers. On 09.05.2015, an inspection has been conducted in four branches viz., Koodal Nagar, Thirupalai, Narimedu and Sellur branches, wherein the petitioner is working as Assistant Manager in Sellur Branch. The main allegation against the petitioner is that he replaced the fake jewels in the place of original jewels and the value arrived at by the de-facto complainant is Rs.3,25,000/-.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. However, in order to prove his innocence, he is ready to abide by any condition imposed by this Court.

4. The learned Government Advocate (Crl.side) would submit that there are 8 accused involved in four branches and the petitioner is one among them and the specific allegation against the petitioner is that his illegal act involved Rs.4,25,000/-.

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the 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 No.I, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 report before the respondent police daily between 10.00 to 11.00 a.m. for a period of two weeks and thereafter as and when required.

(ii) the petitioner shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) to the credit of Crime No.13 of 2016 before the learned Judicial Magistrate No.I, Madurai within a period of two weeks.

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iv) the petitioner shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(v) the petitioner 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 petitioners in accordance with law and the bail granted stands cancelled automatically.

sd/- 27/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISRATE NO.1 MADURAI 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE,

3 THE INSPECTOR OF POLICE CITY CRIME BRANCH, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.SUBASH BABU Advocate SR.No.33455

ORDER

IN CRL OP(MD) No.14405 of 2017 Date :27/10/2017 akv SH/SM-RR/SAR-4:01.11.2017:3P/6C