Jagath @ Jagathchand v. The Sub Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM CRL OP(MD). No.16374 of 2023 Jagath @ Jagathchand, ... Petitioner/1st Accused Vs The Sub Inspector of Police, Rameshwaram Town Police Station, Ramanathapuram District. Crime No. 131 of 2023. ... Respondent/Complainant

For Petitioner : M/s Herold Singh.S.C,

Advocate.

For Respondent : M/S. M.AASHA

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 131 of 2023 on the file of the respondent Police. 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 Section 406 IPC in Crime No.131 of 2023 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that the defacto complainant is the owner of the vehicle which is in the name of the company. The said car as sent to Jesta Sarang, Rameshwaram for official use, which was also acknowledged by the cluster head. It is further alleged that on 10th March the car was misused for personal use and met with an accident. Thereafter, a Van was arranged to bring the car to Chennai. When the accident was informed to the Managing Director as well as the Cluster they failed to respond. The insurance company completed the formalities and considered the total loss and estimated as Rs.20,95,000/-. When the defacto complainant asked compensation for the misuse of the Card, there was no response. Thereafter, the petitioner along with other accused herein threatened the defacto complainant. Hence the case.

3.The learned counsel for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that co-accused has already been released on bail and hence, prayed for anticipatory bail.

¶4The learned Government Advocate (Crl. Side) would submit that the petitoner herein is the main accused and the co-accused have already been released on bail and the investigation of the case is pending.

¶5Considering the facts and circumstances of the case and also considering the fact that co-accused have already released on bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

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 on which the order copy made ready, before the learned Judicial Magistrate, Rameshwaram 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 condition that: [a] the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court 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 on receipt of summons. [c] the petitioner shall not tamper with 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 229A IPC. sd/- 04/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TRP TO

¶1The Judicial Magistrate, Rameshwaram.

¶2Do through the Chief Judicial Magistrate, Ramanathapuram District.

¶3The Sub Inspector of Police, Rameshwaram Town Police Station, Ramanathapuram District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1. CC to M/S HEROLD SINGH.S.C Advocate SR.No.46008(F) ORDER IN CRL OP(MD) No.16374 of 2023 Date :04/10/2023 SSA/VRS/11.10.2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023