Manikandan v. State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.OP No. 25190 of 2018 Manikandan ... Petitioner Vs.

The State represented by The Inspector of Police, R-4 Soundrapandiyanar Angadi Police Station, Chennai.

... Respondent PRAYER: Criminal Original petition has been filed under Section 439(1)(b) of the Code of Criminal Procedure, to modify the condition imposed on the petitioner herein in Crl.M.P.No.7316 of 2018 on the file of the XVII Metropolitan Magistrate at Saidapet, dated 12.10.2018.

For Petitioner : Mr.A.K.L.Jayakamal Rayudu For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

This petition has been filed to modify the condition imposed on the petitioner herein in Crl.M.P.No.7316 of 2018 on the file of the XVII Metropolitan Magistrate at Saidapet, dated 12.10.2018.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor.

3. The offence alleged against the accused is punishable under Section 409 of IPC with regard to misappropriation of funds totally a tune of Rs.3,79,000/-.

4. Only after considering facts and circumstances of the case this court has granted anticipatory bail. it is a case of the defacto complainant that anticipatory bail has been availed by indulging in abuse of process.

https://hcservices.ecourts.gov.in/hcservices/

5. Having heard the learned counsel appearing for the petitioner and perused the materials available on record, I do not find there is any abuse of process in availing the bail. Therefore, I am not inclined to entertain this petition. Hence this petition is dismissed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The XVII Metropolitan Magistrate, Saidapet.

2.The Inspector of Police, R-4 Soundrapandiyanar Angadi Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras-104 CRL.OP No. 25190 of 2018 NRL(CO) GSP(26/11/2018) https://hcservices.ecourts.gov.in/hcservices/