Rajkumar, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13859 of 2016 RAJKUMAR, ... PETITIONER / SOLE ACCUSED Vs THE STATE OF TAMILNADU, THE INSPECTOR OF POLICE ASARIPALLAM POLICE STATION, KANYAKUMARI DISTRICT CR. NO. 216 OF 2016 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.V.KANNAN Advocate For Respondent : MR.P.KANNITHEVAN 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 apprehend arrest at the hands of the respondent police for an alleged offence punishable under Section 420 of IPC in Crime No.216 of 2016, seeks anticipatory bail.
2. The case of the prosecution is that while the petitioner was working in Nesamani Nagar Post Office, mis-appropriated a sum of Rs.12,200/- and the same was found at the time of inspection done by the defacto complainant, Postal Inspector, Nagercoil, Western Region. On complaint, a case has been registered against the petitioner.
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 and his name has been falsely implicated in this case. He further submitted that the petitioner is also under suspension and prays for granting anticipatory bail in favour of the petitioner.
4. The learned Government Advocate (Crl. Side) submitted that the petitioner has deposited the mis appropriated amount's and the investigation of the case is pending.
5. Considering the fact the petitioner has already deposited the mis appropriated amounts and he is under suspension, I am 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 No.I, Nagercoil on condition that the petitioner shall execute a bond for a https://hcservices.ecourts.gov.in/hcservices/
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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police daily at 10.00 am until further orders.
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial.
[d] 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]. 6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the condition or not. sd/- 04/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL 3 THE INSPECTOR OF POLICE,STATE OF TAMIL NADU, ASARIPALLAM POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.V.KANNAN Advocate SR.No.42250 GJM/NGM/MP/SAR-III-12.8.16-2P-6C
ORDER
IN CRL OP(MD) No.13859 of 2016 Date :04/08/2016 https://hcservices.ecourts.gov.in/hcservices/