Muniyappan v. The Inspector Of Police

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.23602 of 2015 MUNIYAPPAN ... PETITIONER/2nd ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO. 23 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S A.SARAVANAN Advocate For Respondent : MR.K.ANBARASAN, Government Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Accused No.2, who was arrested and remanded to judicial custody on 18.11.2015 for the alleged offences punishable under Sections 406, 465, 467, 468, 477(A), 471, 420 and 506(ii) of IPC, in Crime No.23 of 2015 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that the defacto complainant is the President of the Mannar Suvaran Maran Muthuraiyar Educational Trust, Mathagupatti, Sivagangai Taluk. The first accused was the erstwhile President of the said Trust and this petitioner was working as clerk in the Trust. The petitioner and one A.P.Vairavan, the erstwhile President of the Trust misappropriated the funds of the Trust to the tune of Rs.25,97,834/-. Therefore, the case has been registered for the above said offences.

3.The case of the petitioner is that he is an innocent person and he has not committed any offence as alleged by the prosecution. The books of accounts of Trust is Audited regularly and submitted before the Income Tax Authorities and there is no irregularities and only in order to wreck vengeance on the petitioner, the defacto complainant has given a false complaint against the petitioner.

4.The learned Government Advocate (Crl.side) submitted that huge amount alleged to have been misappropriated and the investigation is pending.

5.Considering the facts and circumstances of the case and also considering the fact that the books of accounts of Trust is audited regularly and submitted to the Income Tax Authorities and all the https://hcservices.ecourts.gov.in/hcservices/

documents are available with the defacto complainant, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on 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 Judicial Magistrate No.II, Sivagangai and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders.

sd/- 14/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II,SIVAGANGAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, SIVAGANGAI DISTRICT.

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

5 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI. +1. CC to M/S A.SARAVANAN Advocate SR.No.71303 CSL/SKS-RR/SAR-I/15.12.2015 2P/7C

ORDER

IN CRL OP(MD) No.23602 of 2015 Date :14/12/2015 https://hcservices.ecourts.gov.in/hcservices/