M.Sivanandham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12098 of 2022 M.Sivanandham ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, Musiri Police Station, Tiruchirappalli District.

(Crime No.219 of 2022).

... Respondent/Complainant For Petitioner : M/s.Venkatesan R, Advocate.

For Respondent : Mr.B. Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.219 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 465, 471, 420 IPC in Crime No.219 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that by giving a wrong address, certificate has been obtained by the petitioner. On going through the CD file it is seen that the inspection was undertaken by the Food Safety Officer in the premises of the petitioner and at that time it was found that wrong address has been shown in the certificate, without following the proper procedure address has been corrected in the certificate. On enquiry, the petitioner submitted that in the computer centre wrong address has been uploaded. On

knowing the above said mistake, he again approached the said centre for correction of the address that was not corrected in time and in the meantime, inspection has been undertaken by the Food Safety Officer.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) would submit that the investigation of the case is pending.

5. Considering the factual aspects of the case and also considering the fact that the petitioner appeared before the respondent police and given a statement, the custodial interrogation of the petitioner is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Musiri 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

Sd/- 23/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE JUDICIAL MAGISTRATE, MUSIRI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.

3. THE INSPECTOR OF POLICE, MUSIRI POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

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

+1. CC to M/S.VENKATESAN R Advocate SR.No.8943

ORDER

IN CRL OP(MD) No.12098 of 2022 Date :23/08/2022 SP/SVR/SAR IV/05/09/2022/3P/6C