Saravanan @ Saravanan Somalinga Sundarrav v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Saravanan @ Saravanan Somalinga Sundarrav, ... Petitioner/Sole Accused Vs The State of Tamilnadu, Represented by the Inspector of Police, Appanthirupathy Police Station, Madurai District (Crime No.145 of 2024) ... Respondent/Complainant For Petitioner : Mr.E.Mareeskumar, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : Mr.K.Dinesh PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.145 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of IPC, in Crime No.145 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein promised to be in charge and guaranteed that, in respect of all the goods of the defacto complainant, which was supplied, he would get the payment due from the customers. But without collecting the same, he stopped from reporting for work. Hence, this case.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Considering the argument made by the learned counsel for the petitioner that even after the complaint, for the sake of the defacto complainant, some cheques have been collected from the customers by the petitioner, I am inclined to enlarge the petitioner on anticipatory bail.

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5. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.V, Madurai, 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 to the Police Officer, who intends to arrest or 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 Aadhar 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 three weeks and thereafter, as and when required for the interrogation.

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

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

sd/- 25/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 THE JUDICIAL MAGISTRATE NO.V MADURAI 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 4/5

3 THE INSPECTOR OF POLICE, APPATHIRUPATHY POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.E.MAREESKUMAR, Advocate ( SR-11762[I] dated 25/09/2024 )

ORDER

IN CRL OP(MD) No.15872 of 2024 Date :25/09/2024 SS/VR/SAR- /10/10/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5