Rajkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22105 of 2018 RAJKUMAR ... PETITIONER / ACCUSED No.2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, SIVAGANGAI,SIVAGANGAI DISTRICT.

(IN CRIME NO.8/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.K.JEGAN Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 468, 471, 420 r/w. 120(B) of IPC in Crime No.8 of 2018 seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, who is the Manager of Manapuram Finance (P) Ltd., Sivagangai Branch, along with staff, had misused the jewels pledged by the customers. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner was working as Manager in the said Branch from 18.12.2017 to 20.03.2018. The petitioner was not in charge while the irregularities were committed by the other accused. On the instigation of the first accused, the co-accused had re-pledged the jewels without the knowledge of the petitioner, to the tune of Rs.15,000/-, which was now repaid. He would further submit that a false case has been foisted against him and he had nothing to do with the alleged offence.

4.The learned Government Advocate (Crl.side) would submit that

the investigation is pending.

5. Taking into consideration the facts of the case and the submissions by lea5.Taking into consideration the facts of the case and the submissions by learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner. 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, No.II, Sivagangai 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 said Magistrate, on further condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

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

[c] the petitioner shall not tamper with 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 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 21/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI DISTRICT.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, SIVAGANGAI DISTRICT.

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

+1. CC to MR.K.JEGAN Advocate SR.No.24007

ORDER

IN CRL OP(MD) No.22105 of 2018 Date :21/12/2018 AE/PN-AC/SAR3/31.12.2018/3P/6C