Pattabiraman v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Pattabiraman ... Petitioner/Accused Vs The State of Tamilnadu, Rep. By, the Inspector of Police, Central Bureau of Investigation, Anti-Corruption Branch, 73, Athikulam Road, Madurai - 14.
(In Crime No.RC2292024A0003 of 2024.
... Respondent/Complainant For Petitioner : M/s.M.J.Ameer Hussain, For Respondent : Mr.C.Muthusaravanan, Special Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.RC2292024A0003 of 2024 on the file of the respondent Police.
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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 409 IPC and subsequently altered to Sections 120 (B), 406, 409, 465, 467, 468, 471, 381 and 420 of IPC in Crime No. RC2292024A0003 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that 13085 grams of gold jewelry worth about Rs.5 Crores went missing from Punjab National Bank, Pudukottai on 29.04.2019. Initially the case was investigated by Pudukottai Town Police Station. Subsequently, the case was transferred to the file of CBI and the FIR was registered by CBI during March 2024. There are totally nine accused persons in this case and the petitioner has been arrayed as A8. The allegation against the petitioner is that he had facilitated in opening the jewel loan account at ICICI Bank. 3.When the matter came up for hearing on 20.12.2024, this Court directed the petitioner to appear before the respondent for enquiry. Accordingly, the petitioner also appeared before the respondent and his statements were recorded. 4.The learned Special Public Prosecutor submitted that the investigation is almost over and that the final report would be filed shortly.
5. Heard the learned counsel appearing on either side.
6. Taking into consideration the facts and circumstances of the case and 2/5
considering the overt act attributed against the petitioner and also considering the fact that the petitioner had co-operated during investigation, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is ordered and the petitioner is ordered to be released on anticipatory 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 Additional District Court No.II for CBI Cases, 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 the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. [c] the petitioner shall report before the respondent police as and when required for interrogation.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;
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[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 thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.
sd/- 21/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE ADDITIONAL DISTRICT JUDGE NO.II FOR CBI CASES, MADURAI.
2 THE INSPECTOR OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI-CORRUPTION BRANCH, 73, ATHIKULAM ROAD, MADURAI - 14.
3 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.22634 of 2024 Date :21/01/2025 SA/SKN/SAR. /03.02.2025/5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5