S.P. Rajavel v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21527 of 2015 1 S.P. RAJAVEL ... PETITIONER/ACCUSED NO.2 Vs STATE REP. BY THE SUB INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, MADURAI CITY, (CR NO.46 OF 2015) MADURAI DISTRICT. ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S S.MUTHALRAJ ADVOCATE FOR RESPONDENT : MR.K.ANBARASAN, GOVERNMENT 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 No.2, in Crime No.46 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 120(b), 381, 406, 420, 468 and 477(A) I.P.C. and hence, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant was running a Pawn Brokers shop in the name and style of "Karpagam Bankers"from the year 2004. A.1-Muruganandham was the Manager and this petitioner was working as an appraiser. In the last week of October 2014, both the petitioner and the said Muruganandham misappropriated a sum of Rs.34Lakhs.

3. The case of the petitioner is that the petitioner is innocent and he is only an appraiser of the Bank and this Court also granted anticipatory bail to the accused 1 and 2 viz., Muruganandham and Ashokk @ Muneeswaran in Crl.O.P.(MD)No.10949 of 2015 dated 23.06.2015. It is also submitted that the petitioner is an acute diabetic patient and taking treatment and his fingers in the lower limbs were removed. The petitioner has permanent residence and will not abscond.

https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstances of the case and also considering the fact the co-accused were already released on

anticipatory bail on 23.06.2015, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. 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, Madurai, 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. for a period of two weeks and thereafter as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5.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/- 16/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE SUB INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, MADURAI CITY, MADURAI DISTRICT.

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

+1. CC to MR.NA.PALANIYANDI, Advocate SR.No. 65616

ORDER

IN CRL OP(MD) No.21527 of 2015 Date :16/11/2015 2P/6C TE/SKS-RR/SAR-II : 18/11/2015 https://hcservices.ecourts.gov.in/hcservices/