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Madras High CourtCRL OP/34600/2019dismissed

Chinna Thambi Pillay v. State Of Tamil Nadu,

2020-02-12Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twelfth day of February Two Thousand Twenty PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.34600 of 2019 CHINNA THAMBI PILLAY [ PETITIONER / ACCUSED ] Vs STATE OF TAMIL NADU, [ RESPONDENT ] REP. BY INSPECTOR OF POLICE, CITY CRIME BRANCH, COIMBATORE.

(CRIME NO.67 OF 2017) For Petitioner : M/S. U.GOKULAKRISHNAN Advocate For Respondent : MR.C.IYYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A4, who apprehend arrest for the alleged offences under Sections 408 & 420 of IPC in Crime No.67 of 2017 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that originally the Housing Board has allotted a site to one Mr.K.Rajendran, who died on 21.09.2003. Thereafter, the petitioner allotted the said site to the first accused, as he was holding the post of Manager of the Tamilnadu Housing Board. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is only a Manager of the Tamil Nadu Housing Board at that time. The Assistant Revenue Officer and other clerical staff of the Housing Board are only responsible for the verification of the records relating to the allotment of plots and the petitioner has no role to play in the same. The petitioner is merely a signing authority. The petitioner is a senior citizen. Accordingly, prays for anticipatory bail to the petitioner.

4.The learned Additional Public Persecutor submitted that based on the complaint given by the defacto complainant, the present case has been registered against the petitioner and the investigation is pending. Hence, he vehemently opposed for granting of anticipatory bail to the petitioner.

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5.Taking note of the fact that the petitioner is the public servant and the investigation is still pending, this court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 12/02/2020 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 INSPECTOR OF POLICE, CITY CRIME BRANCH, COIMBATORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. U.GOKULAKRISHNAN Advocate on payment of necessary charges CRL OP.34600/2019 Date :12/02/2020 cs 28/02/2020 https://hcservices.ecourts.gov.in/hcservices/