Mathew K.Cherian v. The Inspector Of Police

CRL OP(MD). No.8729 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD). No.8729 of 2022

1. Mathew K.Cherian

2. George Thomas ... Petitioners/Accused Nos.2 & 3 Vs The State rep.by The Inspector of Police, District Crime Branch, Theni District.

Crime No. 1 of 2020.

... Respondent/Complainant For Petitioners : M/s.MALAIKANI.S, Advocate.

For Respondent : Mr.R.SIVAKUMAR, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 1 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners / accused No.2 & 3, apprehending arrest at the hands of the respondent police for the offences punishable under sections 406, 420 of I.P.C., Section 10-A & 16 of Pawn Brokers Act in Crime No.1 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.Heard both sides.

3.The averments in the complaint seems to implicate only the first accused directly. The petitioners herein who are arrayed as A2 and A3 are the Managing Director and Executive Officer respectively. Since the complaint is mainly projected against the first accused, this Court is inclined to grant anticipatory bail to the petitioners.

4.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Theni, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

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CRL OP(MD). No.8729 of 2022 [a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation.

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during investigation or trial.

[e]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 as if the conditions have been imposed and the petitioners 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/- 06/05/2022 / TRUE COPY / / /2022 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, THENI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THENI DISTRICT.

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

+1. CC to M/S.MALAIKANI.S., Advocate SR.No.4472 ORDER IN CRL OP(MD) No.8729 of 2022 Date :06/05/2022 SA/PN/SAR.2/09.05.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2