Thirupathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20456 of 2015 THIRUPATHI ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE CCIW - CID, TIRUNELVELI UNDER CR.NO.3 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.R.LAXMAN Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 408, 468, 477(A) and 109 IPC in Crime No.03 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.

The case of the prosecution is that the petitioner as a Secretary in Primary Agricultural Co-operative Credit Society, Seval-kulam, Sankarankovil Taluk, Tirunelveli District, has disbursed jewel loan without the jewels being pledged. Therefore a complaint was given and the same registered in Crime No.03 of 2015 for the offences punishable under sections as stated above. 3.The case of the petitioner is that the jewel loan disbursed only after the jewels were pledged and that the loan amounts were recovered. There is no loss to the Society. The complaint was lodged after two years of the report under Section 81 of the Tamil Nadu Cooperative Societies Act. 4.The learned Government Advocate (Crl.Side) would submit that already the loan amount has been recovered.

5.Considering the nature of the offence and also considering the fact that the complaint has been registered after two years of the occurrence and that the co-accused has been granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is https://hcservices.ecourts.gov.in/hcservices/

ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate II, Tirunelveli 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 10.00 a.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/- 05/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI 3 THE INSPECTOR OF POLICE, CCIW - CID, TIRUNELVELI 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S K.R.LAXMAN Advocate SR.No.65349

ORDER

IN CRL OP(MD) No.20456 of 2015 Date :05/11/2015 AA/NGM-SS/SAR-I/16.11.2015/2p-6c https://hcservices.ecourts.gov.in/hcservices/