P.Subramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI P.Subramanian, ... Petitioner/Accused Rank Not Known Vs The State rep.by The Inspector of Police, District Crime Branch, Tenkasi District.

Crime No.4 of 2022.

... Respondent/Complainant For Petitioner : Mr.SARAVANAKUMAR C, Advocate.

For Respondent : Mr.SS.MADHAVAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.4 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 406, 465 and 468 of IPC, in Crime No.4 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that this is a job rocketing case. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that accused Nos.1 to 3 in this case have already been granted anticipatory bail by the lower Court and moreover, the name of the petitioner is not mentioned in the FIR itself. 4.The learned Government Advocate (Criminal Side) appearing for the State would submit that the investigation is pending. 1/3

5.Considering the facts and circumstances of the case, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.I, Tirunelveli, 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 shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of the Crime No.4 of 2022 on the file of the respondent police;

(b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bonds and the learned Magistrate may obtain copies of their Aadhaar cards or bank pass books to ensure their identity;

(c) the petitioner shall report before the respondent police twice in a week (ie., on every Tuesday and Saturday at 10.30 a.m., for a period of three months, and thereafter, as and when required for interrogation.

(d) the petitioner shall not tamper with the evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;

(f) 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]; and;

(g) if the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 17/05/2023 / TRUE COPY / 23/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

SM TO 1 THE JUDICIAL MAGISTRATE COURT NO.I, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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

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

+1. CC to M/S.SARAVANAKUMAR C Advocate SR.No.7571 (I) Dt.18/05/2023

ORDER

IN CRL OP(MD) No.8887 of 2023 Date :17/05/2023 SA/CG/SAR. /23.05.2023/3P/6C 3/3