Karuppusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6457 of 2015 1 KARUPPUSAMY 2 JOSEPH MERRY 3 M.THIRUMALARSELVI ... PETITIONERS / ACCUSED(A-1,A-12 &A 44) Vs THE STATE REP.BY THE INSPECTOR OF POLICE CCIW CID, RAMANATHAPURAM, RAMANATHAPURAM DIST.

CR.NO.1 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.PRAKASAM 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 petitioners, who are arrayed as A1, A12 and A44 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 403, 406, 408, 420, 468, 477(A), 120(B) r/w section 34 of IPC, in Crime No.1 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that there was a Crop Insurance Scheme for the year 2009-2010 in the Pookulam Primary Agriculture Cooperative Credit Society, in which the petitioners along with the other accused persons committed fraud and misappropriated a sum of Rs.35,78,205/-.

3.The learned counsel for the petitioners submitted that the 1st petitioner is working as Secretary of the society and the 2nd petitioner is working as Manager in Ramnad District Central Cooperative Bank and the 3rd petitioner is the member of the society. He further submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the accused have colluded with the Village Administrative Officers and recommended for Crop Insurance premium payable to the ineligible members, by creating bogus records and thereby committed misappropriation to the tune of Rs.35,78,205/-. 5.It is seen that the petitioners 1 and 2 are the officials and without verifying the documents forwarded by their Subordinates, they have sanctioned the crop insurance premium to the ineligible members of the society. Hence, this petition is dismissed as against petitioners 1 and 2.

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6.Considering the fact that the 3rd petitioner is a member of the society, this Court is inclined to grant anticipatory bail to the 3rd petitioner alone with certain conditions.

7.Accordingly, the 3rd petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.1, Ramanathapuram and on her 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 3rd petitioner shall deposit a sum of Rs.71,600/- [Rupees Seventy one thousand and six hundred only] to the credit of Crime No.1 of 2015 and the 3rd petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The 3rd petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8.The 3rd 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/- 23/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.1 RAMANATHAPURAM. 2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE CCIW CID, RAMANATHAPURAM, RAMANATHAPURAM DIST. +1. CC to M/S.C.PRAKASAM Advocate SR.No.21780

ORDER

IN CRL OP(MD) No.6457 of 2015 Date :23/04/2015 RG.29.04.2015 2P.6C.

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