S. Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of February Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.2934 of 2015 S. MUTHUKUMAR ... PETITIONER / SOLE ACCUSED Vs THE INSPECTOR OF POLICE ARANTHANGI POLICE STATION, PUDUKKOTTAI DT, CRIME NO.48/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.LAJAPATHI ROY Advocate For Respondent : Mr.A.P.Balasubramanian, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 409 and 420 IPC in Crime No.48 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

3. The defacto complainant in this case is the Deputy Director of Health Services, Aranthangi HUD, Pudukottai District. This petitioner / accused is the Administrative Officer, working in Aranthangi HUD, under the defacto complainant.

4. The case of the defacto complainant is that this petitioner had illegally sold the Teak Wook Tables, Chairs, Pigeon Hold Sorting Rack etc and created false records in the office relating to furniture stock. 5.Mr.T.Lajapathi Roy, learned counsel for the petitioner submitted that this petitioner has given lot of complaints about the illegal activities of the defacto complainant to the superior authorities. He has also filed a typeset of papers, in which he has enclosed several representations that have been made by this petitioner against the Deputy Director of Health Services, alleging that the Deputy Director has misappropriated funds. Therefore, learned counsel for the petitioner submitted that the Deputy Director has falsely engineered the present complaint in order to wreak vengeance.

6.

https://hcservices.ecourts.gov.in/hcservices/

6. This Court is unable to accept this submission of the learned counsel for the petitioner, because the FIR in this case clearly states that the complaint has been filed only on the direction of the District Collector of Pudukottai. The Deputy Director of Health Services, Aranthangi has only acted on the direction of the District Collector. It is also admitted that this petitioner has been placed under suspension by an order dated 02.02.2015.

7. On a reading of the complaint, the allegations are indeed very serious inasmuch as this petitioner has sold the valuable furniture and has made false entries in the Government records. May be to cover his misdeeds, this petitioner must have been making frivolous complaints against his superior officer.

8. Taking into consideration the serious nature of allegations against this petitioner, this is not a fit case to grant anticipatory bail to him. Hence, the Criminal Original Petition is dismissed. sd/- 25/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ARANTHANGI POLICE STATION, PUDUKKOTTAI DT, CRIME NO.48/2015 2 ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

Sm:02.03.2015:2P/3C

ORDER

IN CRL OP(MD) No.2934 of 2015 Date :25/02/2015 https://hcservices.ecourts.gov.in/hcservices/