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Madras High CourtCRL OP(MD)/15159/2015allowed

P. Venkadasubramonian v. The Inspector Of Police

2015-08-10Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.15159 of 2015 P. VENKADASUBRAMONIAN ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARAI DISTRICT, CRIME NO.26/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.P.NARAYANAKUMAR Advocate For Respondent : M/S.S.PRABHA, 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 the sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 409 and 420 of IPC, in Crime No.26 of 2014 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the accused, when he was working as Clerk at Amutham Fair Price Shop No.2, Anjugiraman misappropriated of Rs.53,452/-.

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. The learned counsel further submitted that after registration of the case, the petitioner was placed under suspension and he was also directed to pay Rs.26,726/- towards fine amount.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the petitioner has paid the entire misappropriation amount of Rs.53,542/- and also the fine amount of Rs.26,726/-, totally Rs.80,178/- and he is also placed under suspension. 5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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.1, Nagercoil 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 on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and https://hcservices.ecourts.gov.in/hcservices/

when required for interrogation. 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/- 10/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL. 2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARAI DISTRICT.

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

+1. CC to M/S.K.P.NARAYANAKUMAR Advocate SR.No. 45307 SR : 14.08.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.15159 of 2015 Date :10/08/2015 https://hcservices.ecourts.gov.in/hcservices/