P. Elangovan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13871 of 2015 P. ELANGOVAN ... PETITIONER/SOLE ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT (CRIME NO.13/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU Advocate For Respondent : M/S.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 arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 409, 420, 468, 471 and 477(A) of I.P.C. in Crime No.13 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the prosecution, the accused was working as an Assistant in Cash Section in the office of the Police Department and he collected Rs.4,86,520/- from various police station, but he failed to give credit in the account.

3.The learned counsel for the petitioner submitted that the petitioner was incharge of three other sections and after noticing the shortage, he immediately deposited the entire amount and he had no intention of misappropriation. He further submitted that the petitioner is an innocent person and he has not committed any offence.

4.The learned Government Advocate (Crl.side) submitted that the petitioner has no bad antecedents and the entire misappropriated amount was deposited by the petitioner

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

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6. 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.I, Tirunelveli and on 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 on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. 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/- 27/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I TIRUNELVELI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT +1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.42334 RL/6 C- 31/7/2015

ORDER

IN CRL OP(MD) No.13871 of 2015 Date :27/07/2015 https://hcservices.ecourts.gov.in/hcservices/