Sakthimanickavalli v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SAKTHIMANICKAVALLI ... PETITIONER Vs THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

IN CRIME NO.117 OF 2018, ... RESPONDENT For Petitioner : M/S.B.BHUVANESHVARI Advocate For Respondent : MR.P.KOTTAICHAMY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER: FOR ANTICIPATORY BAIL IN CRIME NO.117/2018 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 409 and 420 of IPC, in Crime No.117 of 1/5

2018, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is working as Branch Post Master in Pothumbu. She misappropriated a sum of Rs.13,64,944/-. Hence, the present case.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and she has been falsely implicated in this case. He further submitted that the allegation against the petitioner is that already, the petitioner paid Rs.7,95,000/-. The balance amount to be paid is Rs.5,69,000/-. Already, the Postal Department initiated the disciplinary proceedings against her and the same is pending. However, the petitioner without prejudice to her rights, is ready and willing to deposit a sum of Rs.2,00,000/- to the credit of Crime Number. Hence, he prayed for granting anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner misappropriated a sum of Rs.13,64,944/- and the investigation is still pending. Hence, he vehemently, opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the undertaking given by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

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6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Vadipatti, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) as per the undertaking given by the petitioner, the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the Credit of Crime No.117 of 2018 before the said Court, before executing bond. Upon receipt of such deposit, the learned Judicial Magistrate, Vadipatti, shall disburse the said amount to the defacto complainant's Postal Department after obtaining proper affidavit from him. (b)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(c) the sureties shall affix his photographs and left thumb impression in the 3/5

surety bond and the Court concerned may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity;

(d) the petitioner shall report before the respondent police daily at 10.30 a.m, for a period of two weeks and thereafter, as and when required for interrogation; (e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioner shall not abscond either during investigation or trial; sd/- 27/02/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (CS- I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1.THE JUDICIAL MAGISTRATE, VADIPATTI, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

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3.THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.A.GANESAN, Advocate ( SR-2473[I] dated 28/02/2024 )

ORDER

IN Date :27/02/2024 RK/GS (04/03/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5