C. Sakthi Karthikeyan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Sixth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.22522 of 2021 C. SAKTHI KARTHIKEYAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, HASTHAMPATTI POLICE STATION, SALEM DISTRICT (CRIME NO.367/2021) For Petitioner : M/S R.NALLIYAPPAN Advocate For Respondent : MR. N.S.SUGANTHAN, 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 alleged offence under Sections 408, 420, 477 A of IPC in Crime No.367 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the petitioner was working as Junior Assistant in the Family Court, Salem, maintaining the maintainenance Register, cash book etc, during internal audit, he was found to have misappropriated a sum of Rs.32,000/- which has been paid by the litigants. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.Side).appearing for the respondent submitted that when the petitioner was maintaining the maintainenance register, he misappropriated a sum of Rs.32,000/- which was paid by the parties and the investigation is still pending. However, the petitioner has paid the entire amount of Rs.32,000/- in the Indian Overseas Bank. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. On perusal of records, it is seen that, when the petitioner was working as Junior Assistant, he misappropriated a sum of Rs.32,000/- which was paid by the litigants and the same was not handed over to the litigants. He enjoyed the said amount and thereafter he has also repaid the said amount. On seeing the conduct of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 26/11/2021 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 INSPECTOR OF POLICE, HASTHAMPATTI POLICE STATION, SALEM DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S R.NALLIYAPPAN Advocate on payment of necessary charges CRL OP.22522/2021 Date :26/11/2021 RVR 10/12/2021 https://hcservices.ecourts.gov.in/hcservices/