Palani, M/A 50 Yrs, (A4), v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.8393 of 2017 PALANI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCE, ST.THOMAS MOUNT, KANCHIPURAM DISTRICT.

CR.NO. 183 OF 2010.

For Petitioner : M/S.S.DEIVASIGAMANI Advocate For Respondent : MR. B. RAMESH BABU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 409 r/w 34 and 109 IPC on the file of the respondent and seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused misappropriated the funds of Rs.4,32,939/- from TASMAC in the year 2010.

3. The learned counsel appearing for the petitioner submits that the co-accused have already been released on Bail / Anticipatory Bail, that the petitioner was only working as Office Assistant, that he is having permanent residence and therefore, he may be granted Anticipatory Bail.

4. The learned Government Advocate (Crl. side) opposes this application contending that the investigation is not yet over. However, he concedes that the co-accused have been granted Bail / Anticipatory Bail.

5. Considering the release of co-accused on Bail / Anticipatory Bail to the co-accused and the fact that the petitioner is having permanent residence and also the facts and circumstances of this case, 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 their arrest or on his appearance before the learned Judicial Magistrate No.II, Poonamallee, Thiruvallur District and on his executing 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 Judicial Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. The petitioner shall appear before the concerned Judicial Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

-sd/- 04/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO. II, POONAMALLEE,THIRUVALLUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCE, ST.THOMAS MOUNT, KANCHIPURAM DISTRICT. +1CC to M/S.S.DEIVASIGAMANI Advocate on payment of necessary charges SR.NO. 8366 CRL OP.8393/2017 Date :04/05/2017 EGR 08/05/2017