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Madras High CourtCRL OP(MD)/3315/2022dismissed

Luice Prince v. The Inspector Of Police

2022-02-16Honourable Mr Justice K.Murali Shankar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.02.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.3315 of 2022 Luice Prince

...Petitioner/2nd Accused

Vs State rep.by The Inspector of Police, District Crime Branch, Tenkasi, Tenkasi District.

(Crime No.3 of 2021) ... Respondent/Complainant For Petitioner :M/s.F.X.Eugene, Advocate.

For Respondent :M/s.R.Sivakumar, Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.3 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.2, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 167, 109, 465, 467, 468, 477A and 120(b) IPC, in Crime No.3 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the first accused is the Secretary and the petitioner is the Panchayat Clerk of Thenmalai Village Panchayat, that they have misused the specimen signature of the Special Officer of Thenmalai Village Panchayat, in the building plan submitted by the petitioner and they have also not remitted the amount in the Panchayat account. Hence, the complaint. https://hcservices.ecourts.gov.in/hcservices/

3.According to the prosecution, the original document is available with the first and second accused and some of the documents were recovered.

4.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

5.The learned Government Advocate (Criminal side) would submit that investigation is pending.

6.No doubt, the first accused was granted anticipatory bail only on the ground that he is a physically challenged person. 7.Considering the seriousness and gravity of the offence alleged against the petitioner and also the fact that investigation is pending, this Court is not inclined to grant anticipatory bail to the petitioner.

8.In the result, this Criminal Original Petition is dismissed. Sd/- 16/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TENKASI, TENKASI DISTRICT.

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

+1. CC to M/S.EUGENE F.X. Advocate SR.No.1242

ORDER

IN CRL OP(MD) No.3315 of 2022 Date :16/02/2022 SP/SBN/SAR III/23/02/2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/