Subramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.4840 of 2015 SUBRAMANIAN ... PETITIONER/ ACCUSED NO.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE C.C.I.W. C.I.D, TRICHY, (CR.NO. 2 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.T.SENTHIL KUMAR Advocate For Respondent : M/S.K.V.Rajarajan 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.1, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 408, 477(A), 471, 468 and 120(b) of I.P.C. in Crime No.2 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that when the petitioner was working as a Junior Clerk in Appanna Nallur Primary Agricultural Co-operative Credit Society from 22.02.1998, he was also holding additional charge as Secretary of Oorakarai Mahadevi Primary Agricultural Co-operative Credit Society from 01.04.2010 to 26.01.2012, collected loan amount from the members and misappropriated a sum of Rs.7,42,452/-.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence, however, to settle the dispute with the de-facto complainant, he has deposited Rs.6,86,183/- and he is ready to pay the balance amount to the de-facto complainant.

4. The learned Government Advocate (Crl.side) submitted that the petitioner has so far paid a sum of Rs.6,86,183/- and the investigation is in progress.

5. Considering the facts and circumstances of the case, 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, Musiri 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 https://hcservices.ecourts.gov.in/hcservices/

that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders and the petitioner is also further directed to pay the balance amount of Rs.56,269/- to the de-facto complainant within a period of two weeks from today. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 08/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, MUSIRI.

2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, C.C.I.W. C.I.D, TRICHY. +1. CC to M/S.T.SENTHIL KUMAR Advocate SR.No.17707. TS/10.04.2015/2P-6C

ORDER

IN CRL OP(MD) No.4840 of 2015 Date :08/04/2015 https://hcservices.ecourts.gov.in/hcservices/