R.Chellapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.12361 of 2017 1 R.CHELLAPANDI 2 V.LAKSHMANAN ... PETITIONERS / PROPOSED ACCUSED RANK NOT KNOWN Vs STATE THROUGH THE INSPECTOR OF POLICE CCIW(CID) POLICE STATION, MADURAI RURAL.

CR.NO.2/2016 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.C.G.PETHANARAJ Advocate For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 408, 467, 468, 471 and 477(A) r/w 125 IPC, in Crime No.2 of 2016, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner is the Supervisor of the Madurai District Central Co-operative Bank and the second petitioner is the Special Officer of the said bank. Based on 81 enquiry, the petitioners misappropriated the amount of Rs.21,95,001.05/- and fabricated the document and hence, the competent authority lodged a complaint against the petitioners and others.

3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners have been falsely implicated in this case. However, without prejudice to the right of the parties, the petitioners undertakes to deposit a sum of Rs.3,75,000/-. 4.Heard the learned Government Advocate (Crl.side) appearing for the State.

5.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners on condition that the petitioners shall deposit a sum of Rs.3,75,000/- (Rupees Three lakhs Seventy Five Thousand only) ie., 50% of the misappropriated amount, to the credit of Crime No.2 of 2016 on the file of the learned Judicial Magistrate No.III, Madurai and on receipt of the same, the petitioners are entitled to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Madurai on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioners shall appear before the investigating Officer as and when required for interrogation;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioners shall not commit any offence while on bail;

(iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law and the bail granted stands cancelled automatically.

sd/- 05/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III MADURAI

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE CCIW(CID) POLICE STATION, MADURAI RURAL.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.R.SARAVANAN, Advocate SR.No.32134 JAM/10.10.17/PM-PN/SAR 2 / 3P-6C

ORDER

IN CRL OP(MD) No.12361 of 2017 Date :05/10/2017