← Library
Madras High CourtCRL OP/26941/2022dismissed

D.Kaliyamurthy v. The State Rep By Its,

2022-11-22Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.No.26941 of 2022 Crl.O.P.No.26941 of 2022 A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Section 408 r/w Section 34 of IPC in Crime No.263 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the accused/A1 & A2, who were employed as a Sales Representative and Accountant under the de facto complainant's company have conspired together and without knowledge of the de facto complainant, who is the owner of the company, sold the Electrical and Electronics items belonging to the de facto complainant, have committed criminal breach of trust and had misappropriated the amounts to the tune of Rs.60,62,000/- from the year 2019-2021 and cheated the de facto complainant. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.26941 of 2022 A.D.JAGADISH CHANDIRA, J.

shk

4. The learned Additional Public Prosecutor for the respondent would submit that earlier this Court had dismissed the anticipatory bail petition in Crl.O.P.No.26765 of 2022 dated 04.11.2022 on the ground that the investigation is at initial stage. Therefore, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Taking into account the nature of offence, the submissions of either sides and also the fact that there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 22.11.2022 shk Crl.O.P.No.26941 of 2022 https://www.mhc.tn.gov.in/judis