Madras High CourtCRL OP(MD)/23413/2016disposed of

M.Pugalendran, v. The Inspector Of Police,

2016-12-16Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23413 of 2016 M.PUGALENDRAN ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.316/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.R.MURUGESAN, Advocate For Respondent : MR.P.KANDASAMY, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 409 of I.P.C in Crime No.316 of 2016 on the file of the respondent police, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent/State.

3. The learned Government Advocate(Crl. Side) appearing for the respondent on instructions submitted that the petitioner herein is the Supervisor of the TASMAC Shop No.8083 at Padapanarvayal, Thanjavur District and on 07.09.2016, the said shop was inspected by the Regional Manager and it was found that a sum of Rs.4,52,612/- was shortage in the account and the complaint was given on 07.09.2016 and the F.I.R was registered on 10.12.2016.

4. The learned counsel appearing for the petitioner submitted that the petitioner has already paid the said amount on 09.09.2016 and 12.09.2016 by way of deposit through the State Bank of India.

5. The said fact is also accepted by the learned Government Advocate (Crl. Side) and a copy of the pay-in-slip is also produced before this Court.

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4.Considering the above facts and circumstances of the case, this Court is 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, Pattukottai, on condition that the petitioner shall execute a bond for a 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 a.m., 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]. sd/- 16/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,THANJAVUR @ KUMBAKONAM. 3 THE INSPECTOR OF POLICE,PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.D.R.MURUGESAN, Advocate SR.No.81460. ORDER IN CRL OP(MD) No.23413 of 2016 Date :16/12/2016 msm/ck/sar3/21.12.16/p2/6c https://hcservices.ecourts.gov.in/hcservices/