IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Monday, the Fourteenth day of March Two Thousand Twenty Two

PRESENT

The Hon`ble Dr Justice G. JAYACHANDRAN

CRIMINAL ORIGINAL PETITION No.3312 of 2022

MADHANA KUMAR @ MADHAN KUMAR

[ PETITIONER / ACCUSED ]

Vs

STATE REP BY

[ RESPONDENT ]

THE INSPECTOR OF POLICE,

S12 CHITLAPAKKAM POLICE STATION,

KANCHEEPURAM DISTRICT.

CRIME NO.48 OF 2020.

For Petitioner : M/S.M.KOKILA, Advocate

For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side)

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

ORDER : The Court Made the following order :-

The petitioner, who apprehends arrest at the hands of the

respondent police for the offence punishable under Section 138(1)(b)

of Electricity Act, 2003 in Crime No.48 of 2020 on the file of the

respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner

apprehending arrest on a complaint given by the Assistant Executive

Engineer, TANGEDCO, Chennai, alleging that the petitioner along with

other accused have stolen the energy to the tune of Rs.1,45,477/-

before this Court seeking anticipatory bail. Hence, the complaint.

3. The learned counsel for the petitioner has submitted that the

petitioner has not committed any such offence as alleged by the

prosecution and he has been falsely implicated in this case. Hence, he

prays to grant anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.side) has submitted that

the petitioner along with other accused have stolen the energy to the

tune of Rs.1,45,477/-. Hence, he opposed to grant anticipatory bail to

the petitioner.

5. Since the allegations made against this petitioner is grave in

nature i.e., theft of energy to the tune of Rs.1,45,477/-, the

petitioner shall enjoy the liberty of payment of deposit of

Rs.1,45,477/- (Rupees One Lakh Forty Five Thousand Four Hundred and

Seventy Seven Only) in the Crime No.48 of 2020 before the learned

Judicial Magistrate, Tambaram, within a period of 15 days from today.

6. Considering the facts and circumstances of the case and rival

submissions made by both counsel, this Court is inclined to grant

anticipatory bail to the petitioner on certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail

in the event of arrest or on his appearance, within a period of seven

days from the date of receipt of a copy of this order, before the

learned Judicial Magistrate, Tambaram, on condition that the

petitioner shall execute a bond for a sum of Rs.1,00,000/-

(Rupees One Lakh only), with two sureties each for a like sum to the

satisfaction of the learned Magistrate concerned and on further

conditions that:

(a) if the petitioner failed to surrender before the concerned

Magistrate within a period of 7 days from the date of receipt of a

copy of this order, this order shall stand automatically cancelled;

(b) the petitioner shall deposit a sum of Rs.1,45,477/- (Rupees

One Lakh Forty Five Thousand Four Hundred and Seventy Seven Only) to

the credit of Crime No.48 of 2020 before the learned Judicial

Magistrate, Tambaram within a period of 15 days from today, failing

which, the bail granted by this Court shall stand dismissed

automatically.

(c) the petitioner and the sureties shall affix their photographs

and left thumb impression in the surety bond and the Court concerned

may obtain a copy of their Aadhar card or Bank pass Book to ensure

their identity;

(d) the petitioner shall report before the Investigation Officer

as and when required for an interrogation ;

(e)the petitioner shall not tamper with evidence or witness

either during investigation or trial;

(f)the petitioner shall not abscond either during investigation

or trial;

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