Karuppaiya @ Karuppaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.14118 of 2022 Karuppaiya @ Karuppaiah ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.253/2022).

... Respondent/Complainant For Petitioner : M/s.Sivablan.K, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.253/2022 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 offence punishable under Sections 379 IPC, in Crime No.253 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant, who is working as Assistant Clerk in Thaduthalankottai Primary Cooperative Society, had ordered 490 gunny bags of paddy through online and on 17.05.2022, he received 240 gunny bags of paddy. On 18.05.2022, while the petitioner was on duty, he received another

250 gunny bags of paddy from the store. Thereafter, the petitioner made a call to the defacto complainant and informed him that some of the gunny bags of paddy were found missing. Hence, the defacto complainant has lodged a complaint against the petitioner. 3.On the side of the petitioner, it is stated that the petitioner is a load man and he is no way connected with the alleged offence and he has been falsely implicated in this case and prayed the petitioner to be released on anticipatory bail. 4.On the side of the prosecution, it is stated that the stolen paddy bags are not yet recovered and the investigation is pending. 5.Considering the nature of the offence and also considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:- 6.

Accordingly, this petition is allowed and 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, Paramakudi, Ramanathapuram District, on condition that the petitioner shall execute a bond for a sum of Rs.

(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 Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of 8 weeks and thereafter, as and when required for interrogation.

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

(iv)the petitioner shall be present before the Court on hearing dates and before the respondent police as and when required; (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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 15/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

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

3. THE INSPECTOR OF POLICE, PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.SIVABLAN.K Advocate SR.No.10034

ORDER

IN CRL OP(MD) No.14118 of 2022 Date :15/09/2022 SP/SBN/SAR I/23/09/2022/3P/6C