G.Dhanalakshmi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of February Two Thousand and Twenty One PRESENT THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN IN CRL OP(MD) No.13421 of 2020 G.DHANALAKSHMI ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE DEPUTY SUPERINTENDENT OF POLICE, (V AND AC) DINDIGUL DISTRICT.

IN CRIME NO.NOT KNOWN TO THE PETITIONER ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Extend the time made in Crl. O. P. (MD) No. 13421/2020 dated 26.11.2020 for producing sureties by this Honourable Court. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.SURESH KUMAR ISAAC PAUL, Advocate for the petitioner and of Mr.M.V.CHANDRASEKARAN, Government Advocate(Crl. Side) on behalf of the Respondent, the Court made the following order:- This criminal miscellaneous petition is filed to extend the time made in Crl.OP.(MD).No.13421 of 2020 dated 26.11.2020 for producing sureties, by this Court.

2. The petitioner, who is arrayed as A4, apprehending arrest at the hands of the respondent Police for the offences punishable under Section 13(2) r/w 13 (1) (c ) and (d) of the Prevention of Corruption Act, 1988, in Crime No.Not known of 2020 on the file of the respondent police, sought anticipatory bail.

3. The case of the prosecution is that the petitioner and other accused persons have entered into criminal conspiracy and committed the offence of misappropriation of the funds of the Government 1/3

allotted to MGNREGS (Mahatma Gandhi National Rural Employment Guarantee Scheme) to the tune of Rs.23,067/- by illegal means by preparing fake documents forging the thumb impression of one Kuppathal and Veluchamy and make false entries in the Nominal muster roll register. Hence, complaint was registered. 4.

The learned counsel appearing for the petitioner had submitted that the petitioner is working as Union Office Overseer, Oddanchatram Taluk Office, Dindigul and in connection with the above said case, she was suspended from the service on 16.11.2020. Subsequently, the respondent Police conducted enquiry and found to be no offence is made out against the petitioner as such, she has been reinstated into service. He further submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

5.

Considering the submission made by the learned counsel for the petitioner, this Court inclined to grant anticipatory bail and granted anticipatory bail on 26.11.2020. Now the petitioner has come forward with this petition for extension of time stating the reason that his counsel wrongly represented before this Court due to misconception of facts that the petitioner is not yet reinstated after her suspension from her service. Therefore, the petitioner could not able to appear before the court concerned and could not bale to produce surety as directed by this Court. 6.

It is also seen that the anticipatory bail was granted in crime No. not known of 2020. Therefore, this Court is not inclined to extend the time to produce sureties as directed by this Court. Accordingly, this criminal miscellaneous petition is dismissed and the anticipatory bail granted to the petitioner on 26.11.2020 in Crl.OP(MD).No.13421 of 2020 is also hereby cancelled. However, now crime has been registered as against the petitioner and as such the petitioner is at liberty to file fresh anticipatory bail petition. sd/- 24/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL.

2. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, DINDIGUL DISTRICT.

2/3

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to Mr.S.SURESH KUMAR ISAAC PAUL, Advocate ( SR-1384[I] dated 24/02/2021 )

ORDER

IN IN CRL OP(MD) No.13421 of 2020 Date :24/02/2021 IOK/AAV AE/SMA/SAR-III (05/03/2021) 3P / 5C 3/3