Panneerselvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI Panneerselvam ... Petitioner/Accused Rank Not Known Vs State Rep.by The Inspector of Police, CCIW CID, Dindigul, Dindigul District.

Cr.No.3 of 2021. ... Respondent/Complainant For Petitioner : M/s.Muniyandi S, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.3 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 408, 468, 471 & 477(A) of IPC in Crime No.3 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The allegation against the petitioner is that he has committed breach of trust as a Secretary and used forged documents as genuine and maintained false account, thereby making lose to the society. Hence, the case has been registered. 3.On the side of the petitioner it is stated that the petitioner worked as a Secretary in the Primary Agricultural Cooperative Society and rendered unblemished service to the society and retired from the service. During his service he discharged his duties in a genuine manner. He maintained the accounts properly and he has no intention to defraud the society. Only due to political 1/3

motive the false case has been foisted against the petitioner and prayed the petitioner to be released on anticipatory bail. 4.On the side of the prosecution it is stated that totally two accused involved in the offence. The petitioner has swindled a sum of Rs.1,06,983/-, which is public money and prayed the petition to be dismissed.

5.It is seen that the petitioner is aged about 63 years and he is retired from service. In view of the submission made by both the parties, this Court is inclined to grant anticipatory bail on condition that the petitioner shall deposit a sum of Rs.1,06,983/- (Rupees One Lakhs Six thousand Nine Hundred Eighty Three only) to the credit of Crime No.3 of 2021 before the concerned trial Court. The Trial Court shall keep the same as a Fixed Deposit in a Nationalized Bank renewable once in three months. 6.On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.I, Dindigul, on condition that the petitioner shall execute 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 concerned Court daily at 10.30 a.m. for a period of fifteen days and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.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/- 21/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO

1. The Judicial Magistrate No.I, Dindigul.

2. Do-Through The Chief Judicial Magistrate, Dindugal District.

3. The Inspector of Police, CCIW CID, Dindigul, Dindigul District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.910 of 2022 Date :21/01/2022 RS/PN/SAR.3(27.01.2022) 3P-5C 3/3