Prabhakar, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.2370 of 2018 PRABHAKAR ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE (CRIME), SRIRENGAM POLICE STATION, TRICHY.

(*)IN CRIME NO.150/2018 ... RESPONDENTS/COMPLAINANT For Petitioner : M/S.K.MARIAPPAN, Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the defacto complainant and the learned Government Advocate (Crl.Side) appearing for the respondent police.

2.The petitioner was engaged by the defacto complainant for providing security service. The contract was entered into on 01.03.2012. It is the specific case of the defacto complainant that a sum of Rs.20,39,183/- was paid by the defacto complainant to the petitioner for the purpose of remitting in the provident fund account of the employees. Instead of remitting in the employees account, the accused misappropriated the same. In this regard, the defacto complainant got complaint from the employees concerned. 3.That apart, a bank deposit to the tune of Rs.7,99,396/- lying with the Indian Bank, Thillai Nagar Branch, Trichy was encashed by the defacto complainant fraudulently. The original F.D deposit is very much lying with the defacto complainant. In this regard, the defacto complainant gave a complaint against the petitioner and the https://hcservices.ecourts.gov.in/hcservices/

same was registered as Crime No.150 of 2018 on the file of the respondent police for the offences (*)under Sections 406, 417, 420, 468 and 471 IPC.

4.Since the petitioner had indulged in criminal breach of trust by misappropriating the provident fund amount of employees and he has not willing to settle the claims, this Court is not inclined to grant anticipatory bail to the petitioner. This Criminal Original Petition stands dismissed.

sd/- 09/04/2018 (*)Amended as per order of this Hon'ble court made in Crl.MP(MD)No.1723/18 in Crl.OP(MD)2370/18 dated 14.03.2018.

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

TO 1 THE INSPECTOR OF POLICE (CRIME), SRIRENGAM POLICE STATION, TRICHY.

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

+1. CC to M/S.K.MARIAPPAN Advocate SR.No.5811

ORDER

IN CRL OP(MD) No.2370 of 2018 Date :09/04/2018 PK/PN/ASVM/14.05.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/