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Madras High CourtCRL OP(MD)/11866/2015allowed

Mehabooh John v. The Sub Inspector Of Police

2015-07-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11866 of 2015 1 MEHABOOH JOHN 490, CENTRAL STREET, KADAIYAM, AMBASAMUDHIRAM TALUK, TIRUNELVELI DISTRICT ... PETITIONER / SOLE ACCUSED Vs THE STATE THROUGH THE SUB INSPECTOR OF POLICE SENGKOTTAI POLICE STATION, TIRUNELVELI DISTRICT , IN CR.NO.29 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.GANAPATHI SUBRAMANIAM Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 409 and 420 of I.P.C., in Crime No.29 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The Manager of Indian Overseas Bank, Sengkottai Branch lodged a complaint alleging that the accused was working as a cashier in the branch and has misappropriated a sum of Rs.27,500/-.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. The petitioner has filed an affidavit dated 03.07.2015, undertaking to pay the entire alleged misappropriated amount to the credit of the Crime No.29 of 2015.

4. The learned Government Advocate (Crl.side) submitted that the petitioner is having one previous case relating to a family dispute.

5. Considering the submission of the learned counsel and the undertaking of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Senkottai 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 deposit a sum of Rs.27,500/- (Rupees Twenty Seven Thousand and Five Hundred only) in the Indian Overseas Bank, Sengottai Branch and produce the receipt before the learned Magistrate and on further condition that https://hcservices.ecourts.gov.in/hcservices/

the petitioner shall appear before the respondent police daily at 6.00 p.m. until further orders. 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/- 09/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SENKOTTAI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, SENKOTTAI 3 THE SUB INSPECTOR OF POLICE SENGKOTTAI POLICE STATION, TIRUNELVELI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.GANAPATHI SUBRAMANIAM Advocate SR.No.37613 Sm:AMF:15.07.2015:2P/6C

ORDER

IN CRL OP(MD) No.11866 of 2015 Date :09/07/2015 https://hcservices.ecourts.gov.in/hcservices/