P.Mahamuni v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of April Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.5123 of 2015 P.MAHAMUNI ... PETITIONER/ACCUSED-2 Vs THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI CITY.

(CRIME NO. 306 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.EZHILARASU Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is A2 apprehends at the hands of the respondent police for the alleged offences punishable under sections 403, 406 of 420 of IPC, in Crime No.306 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the accused persons working in TASMAC shop had sold the materials, but not produced proper accounts, thereby caused shortage to the tune of Rs.54,838/-. 3.The learned counsel for the petitioner submitted that on 20.02.2015, the Manager of TASMAC issued a show cause notice to the accused for the shortage of Rs.54,838/- and on the very next day, the Supervisor of the shop, had deposited the misappropriated amount and on 04.03.2015, the accused persons were suspended from service and the case was registered on 12.03.2015.

4.The learned counsel further submitted that A1 is the Supervisor and A2 and A3 are salesmen with the TASMAC and even as per the prosecution, the Supervisor has misappropriated the amount. It is further submitted 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) appearing for the respondent submitted that the investigation is almost completed and the petitioner does not have any previous case.

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.V, Madurai and on his executing a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 8.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/- 24/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3.

THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI CITY.

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

SR : 04.05.2015 : 2P/5C

ORDER

IN CRL OP(MD) No.5123 of 2015 Date :24/04/2015 https://hcservices.ecourts.gov.in/hcservices/