Thirugnanam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN Thirugnanam ... Petitioner/Accused No.1 Vs The State Rep. by The Inspector of Police, District Crime Branch Police Station, Ramanathapuram.

Cr.No.38/2020. ... Respondent/Complainant For Petitioner : R.Shankar Ganesh, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.38 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1 herein was arrested and remanded to judicial custody on 12.06.2020 for the alleged offences under Sections 409,420,109 of IPC.

2. The petitioner herein is arrayed as A1. The case of the prosecution is that the petitioner herein was engaged by the defacto complainant to collect rent from the tenants and the petitioner is said to have collected rent through cheques from the tenants and deposited the cheque by creating forged accounts in the name of A2 to A6, who were working in the school and withdraw the amount. Hence the complaint.

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3. The learned counsel for the petitioner would submit that the occurrence is said to have taken place from the year 2013-2020 and he never indulged in any misappropriation. He would also submit that he has been falsely implicated in the above case. He would also submit that the petitioner is ready and willing to deposit a sum of Rs. 4,00,000/- without prejudice to his defence before the trial court in the crime account.

4. The learned Government Advocate(Crl.Side) would submit that the petitioner herein was entrusted to collect the rent from the tenants and infact the petitioner has collected rent through cheques and deposited the same in the name of the others working the said school and withdraw the said amount. Investigation also reveals that the petitioner has only withdrawn the amount.

5. Taking note of the above facts and circumstances of the case and also taking note of the fact that the occurrence is said to have taken place in the year 2013-2020 and the complaint has been given on 12.06.2020 and also taking into fact the period of incarceration and also taking note of the fact that the petitioner is ready and willing to deposit Rs.4,00,000/- before the trial Court in the crime account , this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ramanathapuram Ramanathapuram District i) the petitioner is directed to deposit a sum of Rs.

4,00,0000/- to the credit of Crime No.38 of 2020 before the Judicial Magistrate No.II, Ramanathapuram , Ramanathapuram District without prejudice to his defence and only on such deposit the learned Magistrate shall accept the sureties. ii)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity iii) the petitioner shall report before the respondent police on every Monday at 10.30 a.m until further orders. iv)the petitioner shall not tamper with evidence or witness. v) the petitioner shall not abscond during trial.

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 petitioner/ accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 21/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE No.II, RAMANATHAPURAM.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, RAMANATHAPURAM.

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

5. THE OFFICER INCHARGE, SUB JAIL, VIRUDHUNAGAR.

ORDER

IN CRL OP(MD) No.7066 of 2020 Date :21/07/2020 AAV TE/JC/SAR-III : 21/07/2020 : 3P/6C 3/3