Dinesh v. The All Woman Police Station

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20415 of 2022 Dinesh ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

(In Crime No.614/2022) ... Respondent/Complainant For Petitioner : M/s.Dhilipan Pandian R L, 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.614 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 offences punishable under Sections 454 and 380 of I.P.C, in Crime No.614 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was working as Office Assistant in the Judicial Magistrate Court No.II, Ramanathapuram. On 06.10.2022, the liquor bottles were recovered by the Police in connection with other case and kept in the court hall in order to destroy the same pursuant to the direction of the Court. On verification of the case details, it was found that some liquor bottles were missing. On seeing the CCTV footage, it was found that on instruction of A1, the petitioner had taken some liquor bottles from that place.

3.The learned counsel for the petitioner would submit that due to the vengeance of the co-employees, this false case has been foisted against the petitioner herein. He is an innocent person and he did not commit any offence as alleged by the prosecution. Hence, he may be granted anticipatory bail.

4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that in this case, nine witnesses have been examined so far and investigation is not yet completed. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and considering the nature of charges levelled against the petitioner and also the fact that nine witnesses have been examined so far, 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, Ramanathapuram, 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 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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before respondent police daily at 10.30 a.m., until further orders;

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

Sd/- 18/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

cp TO

1. THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM.

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

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KENIKKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.DHILIPAN PANDIAN R L Advocate SR.No.13321

ORDER

IN CRL OP(MD) No.20415 of 2022 Date :18/11/2022 SP/BUC/SAR I/30/11/2022/3P/6C