P.Eswaran v. The 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)Nos.6044 to 6046 of 2015 P.ESWARAN ..PETITIONER/PROPOSED ACCUSED in Crl.OP(MD)No.6044/2015 C.JEYA ..PETITIONER/PROPOSED ACCUSED in Crl.OP(MD)No.6045/2015 M.JEYARAJ ..PETITIONER/PROPOSED ACCUSED in Crl.OP(MD)No.6046/2015 Vs.
STATE REP.BY THE INSPECTOR OF POLICE C.C.I.W.C.I.D., THENI DISTRICT.
CR. NO. 2 OF 2015 IN CRL.OP(MD)No.6044/2015 CR. NO.NOT KNOWN OF 2015 IN CRL.OP(MD)Nos.6045 & 6046/2015 ..RESPONDENT/COMPLAINANT in all the petitions For Petitioner : M/S.R.MANOHARAN Advocate in Crl.OP(MD)Nos.6044 & 6045/2015 For Petitioner : M/S.S.RENGASAMY Advocate in Crl.OP(MD)Nos.6046/2015 For Respondent : Mr.K.V.RAJARAJAN, Government Advocate (Criminal Side) in all the petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- C O M M O N O R D E R The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 6(2), (3) of TNSC (RDCS) Order 1982 r/w. Section 7(1)(a)(II) of Essential Commodities Act, 1935 in Crime No.2 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2. The case of the prosecution is that the Secretary and the Cashier have misappropriated a sum of Rs.7 lakhs and the salesman had misappropriated a sum of Rs.26,527/- in Odaipatti Primary Agricultural Co-operative Society.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and to show their bona fide, the accused have deposited the entire alleged misappropriated amount along with interest and they are also facing departmental proceedings.
4. The learned Government Advocate (Crl.side) on instructions submitted that the entire amount has been deposited to the credit of the Co-operative Society.
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5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain
conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.III, Madurai and on each of them 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 that the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioners 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.) TO 1 THE JUDICIAL MAGISTRATE NO.III, MADURAI.
2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, C.C.I.W.C.I.D., THENI DISTRICT. +2. CC to M/S.R.MANOHARAN Advocate SR.No.22495 & 22496 +1CC to M/s.S.Rengasamy, Advocate in SR.22300 ORDER IN CRL OP(MD)Nos.6044 to 6046 of 2015 Date :24/04/2015 PBK/IV 28/04/2015 ::2P-8C:
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