CRL OP(MD)/16048/2020 of Krishnaswamy @ Vairam Vs The Inspector of Police on 31 December 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

The Hon`ble Mr.Justice G.ILANGOVAN

Krishnaswamy @ Vairam ... Petitioner/Accused A1

State through,The Inspector of Police,Sivakasi Town Police Station, Virudhunagar District.In Crime No.676 of 2019. ... Respondent/Complainant For Petitioner : Mr.J.William Christopher, Advocate. For Respondent : Mr.Seenivasan, Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :- For Anticipatory bail in Crime No.676 of 2019 on the fileof the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and thelearned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of therespondent police for the offences punishable under sections 406,420, 294(b) and 506(i) IPC., in Crime No.676 of 2019 on the file ofthe respondent police, seeks anticipatory bail.

3.The nature of the allegation is with reference to purchaseof machine from one M/s.Karishna Traders run by the second accused,who was arrested and released on bail. Similarly, the third accusedis also granted anticipatory bail by the learned Principal SessionsJudge, Srivilliputhur. According to the petitioner, he was actingonly as a broker between the defacto complainant and the supplier,namely M/s.Krishna Traderes. In respect of the allegation and thehttps://hcservices.ecourts.gov.in/hcservices/dispute between them, a suit in O.S.No.122 of 2019 was also filed by the petitioner against the defacto complainant on the file of theDistrict Munsif, Sivakasi. Since the main accused, namely A2 hasbeen arrested and released on bail, the petitioner being a broker isalso entitled to be released on bail.

4. In the view of the above, I am inclined to grantanticipatory bail to the petitioner with certain conditions.Accordingly, petitioner is ordered to be released on bail in theevent of arrest or on his appearance before the Judicial MagistrateCourt No.1, Sivakasi , and on his executing a bond for a sum ofRs.10,000/- (Rupees Ten thousand only) with two sureties each for alike sum to the satisfaction of the respondent Police or to thePolice Officer, who intends to arrest or to the satisfaction of thelearned Magistrate concerned and on further condition that:

(a) The petitioner and the sureties shall affix theirphotographs and left thumb impression in the surety bond and theMagistrate may obtain a copy of their Aadhar card or Bank pass Bookto ensure their identity; (b)the petitioner shall report before the respondent policedaily at 10.30 a.m for a period of two weeks and thereafter, as andwhen required for interrogation.

(c)the petitioner shall not tamper with evidence or witnesseither during investigation or trial; (d)the petitioner shall not abscond either during investigationor trial; (e)on breach of any of the aforesaid conditions, the learnedMagistrate/ Trial Court is entitled to take appropriate actionagainst the petitioners in accordance with law as if the conditionshave been imposed and the petitioners released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW5560]; and; (f)if the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC.

sd/-

31/12/2020

https://hcservices.ecourts.gov.in/hcservices/

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 correctcopy, shall be the responsibility of the advocate/litigantconcerned.

TO

1.THE JUDICIAL MAGISTRATE NO.I, SIVAKASI.

2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3.THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.J.WILLIAM CHRISTOPHER, Advocate ( SR-11[I] dated04/01/2021 )