P.Moses Chelladurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11244 of 2015 P.MOSES CHELLADURAI ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE CCIW, NAGERCOIL, KANYAKUMARI DIST, CR.NO.1/2000 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.MAHARAJA Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused apprehends arrest at the hands of the respondent police, in pursuance of the Non-Bailable Warrant issued on 05.02.2001 by the learned Judicial Magistrate No.II, Tirunelveli, in connection with a case in C.C.No.2 of 2001 for the alleged offences punishable under sections 408 and 477(A) of IPC, in Crime No.1 of 2000 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the accused had misappropriated a sum of Rs.2,45,585/-, while he was working as salesman in H-25 Veeralamangalam Weavers Co-operative Society, Sales Department, Kulasekaram, Kanyakumari District. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner had already deposited the alleged misappropriation amount of Rs.2,45,585/- on 25.02.2015 and to that effect, a receipt has also been produced before this court.

3.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the respondent has already completed the investigation and also filed a charge sheet showing the petitioner as absconding accused. He further submitted that the petitioner has been successfully absconding for more than 14 years. 4.Considering the facts and circumstances of the case and also considering the fact that the petitioner had already deposited the entire misappropriation amount to the credit of the society account, https://hcservices.ecourts.gov.in/hcservices/

this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Tirunelveli and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the trial court for all future hearings without fail. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 22/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II,TIRUNELVELI.

2.THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI.

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

4.THE INSPECTOR OF POLICE CCIW, NAGERCOIL, KANYAKUMARI DIST.

+1. CC to M/S.M.MAHARAJA Advocate SR.No.33095

ORDER

IN CRL OP(MD) No.11244 of 2015 Date :22/06/2015 RG.24.06.2015 2P/6C.

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