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Madras High CourtCRL OP(MD)/5078/2018dismissed

Kalaiganam, v. The Inspector Of Police,

2018-04-19Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) Nos.5078, 5079, 5347 and 5484 of 2018 1 KALAIGANAM, 2 A.NATARAJAN, 3 S.RAVICHANDRAN, 4 S.SENTHAMARAI, 5 P.RAJENDRAN, 6 K.MANIVANNAN, 7 T.KUMAR, ... PETITIONERS / ACCUSED 2,3 & 6 TO 10 IN CRL OP(MD)NO.5078/2018 1 G.VAIRAVAN 2 B.SHANMUGAM 3 P.SIVARAJ 4 G.THENKOVAN 5 VETHACHALAM 6 P.NATHIYA 7 P.NEELAKANDAN 8 V.GANESAN ...PETITIONERS/ACCUSED 4&11 TO 17 IN CRL OP(MD)NO.5079/2018 ARASUMANI ...PETITIONER/1ST ACCUSED IN CRL OP(MD)NO.5347/2018 R.MUTHUKUMAR, ...PETITIONER/ACCUSED NO.5 IN CRL OP(MD)NO.5484/2018 Vs STATE THROUGH THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THANJAVUR DISTRICT.

(CRIME NO.15 OF 2017) ... RESPONDENT / COMPLAINANT IN ALL THE PETITIONS For Petitioners : M/S.R.VENKATESHWAR Advocate IN CRL OP(MD)NO.5078/2018 : MR.K.M.KARUNAKARAN, Advocate IN CRL OP(MD)NO.5079/2018

: MR.C.JEGANATHAN, Advocate for M/S.VEERA ASSOCIATES IN CRL OP(MD)NO.5347/2018 : MR.K.BAALASUNDHARAM, Advocate IN CRL OP(MD)NO.5484/2018 For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) IN ALL THE PETITIONS PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in these Criminal Original Petitions apprehending arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 409, 420, 468, 471 and 477-A r/w. Section 34 IPC, in Crime No.15 of 2017, seek anticipatory bail.

2.The allegation is that funds were unauthorisedly transferred from the 3rd account to the 1st account and thereafter, withdrawn by the concerned Panchayat officials and siphoned off. The total amount involved is Rs.84,10,445/-. The amounts were originally allocated for various Panchayat works. It is the specific allegation of the prosecution that the sanctioned works were not actually carried out and the funds allotted were swallowed by various Panchayat officials in connivance with third parties. It is a case of defalcation of public funds. The misappropriated amount is yet to be recovered.

3.Considering the nature of allegations levelled against the petitioners, custodial interrogation is necessary. Hence, these Criminal Original Petitions are dismissed.

sd/- 19/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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

+1. CC to M/S.VEERA.ASSOCIATES, Advocate SR.No.6689 SMN2 GJM/PN/VK/23.4.18-3P-4C

ORDER

IN CRL OP(MD) Nos.5078, 5079, 5347 AND 5484 of 2018 Date :19/04/2018