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Madras High CourtCRL OP(MD)/21466/2015ordered

Sappani v. The Inspector Of Police

2015-12-14Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21466 of 2015 1 SAPPANI 2 PANDIARAJAN 3 PAPPA 4 LAKSHMI 5 NATARAJAN ..PETITIONERS/ACCUSED (RANK NOT KNOWN) RAMU ..PROPOSED RESPONDENT/ INFORMANT Vs.

STATE REP.BY THE INSPECTOR OF POLICE THIRUPPACHETHY POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO. 199 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S S.BASKAR MATHURAM Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.Side) For Informant : Mr.M.KALAMURUGAPPAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners,who are arrayed accused, in Crime No.199 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420 IPC and hence, seek anticipatory bail.

2. The case of the prosecution is that the petitioners, under the guise of constructing the temple, collected money and misappropriated the same.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and the petitioners are the Village Heads of Kamarajar Colony and in the year 2013, they have collected a sum of Rs.12 lakhs and constructed the temple in the Village and the defacto complainant did not participate in the temple festival and therefore, he lodged a false complaint. The learned counsel for the petitioners further submitted that the petitioners are having documents with regard to the amount collected by them.

4.The learned Government Advocate(Crl.side) submitted that the petitioners are the Village Heads of Kamarajar Colony and they have collected money as donation from public for constructing the temple and misappropriated the same and investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Manamadurai, Sivagangai District, and on their executing a separate 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 petitioners 1, 2 and 5 shall appear before the respondent police shall appear before the respondent police daily at 10.00 a.m until further orders and the petitioners 3 and 4 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6.The petitioners 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/- 14/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, THIRUPPACHETHY POLICE STATION, SIVAGANGAI DISTRICT.

+1. CC to M/S S.BASKAR MATHURAM Advocate SR.No.71470 ORDER IN CRL OP(MD) No.21466 of 2015 Date :14/12/2015 PBK/NGM-SS/SAR-II 17/12/2015 ::2P-6C::

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