Nanthinidevi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/05/2024 PRESENT The Hon`ble Mr.Justice P. VADAMALAI Nanthinidevi, ... Petitioner/Sole Accused Vs The Inspector of Police, Vangal Police Station, Karur District.

(Crime No 191 of 2024).

... Respondent/Complainant For Petitioner : Mr.K.Sivabalan, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- 1/6

For Anticipatory Bail in Crime No.191/2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 409 and 420 IPC, in Crime No.191 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had swindled the amount to the tune of Rs.1,59,000/- in the accounts of the Postal Department. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has deposited the entire amount.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police fairly concedes that the petitioner has deposited the entire amount.

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5. Taking into consideration the facts and circumstances of the case and also the facts that the petitioner has deposited the entire amount, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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 II, Karur, 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 learned Magistrate concerned and on further conditions that: [a]the petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 15 days and thereafter, as and when required for interrogation.

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

[d]the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

(P V M J) 15.05.2024 MM 4/6

TO

1. The Inspector of Police, Vangal Police Station, Karur District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. VADAMALAI,J MM

ORDER

IN CRL OP(MD) No.7244 of 2024 Date : 15/05/2024 6/6