T. Kumarvel v. The State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Sixteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.7086 of 2021 T. KUMARVEL [ PETITIONER / ACCUSED ] Vs THE STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, VAZHAPPADI POLICE STATION, SALEM DISTRICT.
CRIME NO.593 OF 2020.
For Petitioner : M/S.G.ANBALANGAN Advocate For Respondent : MR.T.SHUNMUGARAJESWARAN 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 offences publishable under Section 409 of IPC in Crime No.593 of 2020 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant/Regional Manager of the Bank is that the petitioner had misappropriated a sum of Rs.7,44,390/- Hence, the complaint.
3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. The petitioner has already repaid a sum of Rs.7,44,390/- to the Bank. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the petitioner raised 88 transactions entries by debiting the BGL account and credited the proceeds to 8 ineligible accounts an misappropriated the interest subvention amount to the tune of Rs.7,44,390/- which is against the extent guidelines of the bank.
5. Taking into consideration the facts and submissions of the learned Counsel that the petitioner is repaid the whole amount, which was misappropriated by him, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;
6. Accordingly, the petitioner is directed to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the copy of this order is made ready, 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 learned District Munsif cum Judicial Magistrate, Vazhappadi, Salem District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] 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.
[b] the petitioner shall report before the respondent police every day at 10.30 a.m., until further orders. [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 abscond, a fresh FIR can be registered under Section 229A IPC.
-sd/- 16/04/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VAZHAPPADI, SALEM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VAZHAPPADI POLICE STATION, SALEM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.G.ANBALANGAN Advocate on payment of necessary charges SR NO.4955 CRL OP.7086/2021 Date :16/04/2021 MK:23/04/2021