Senthilnathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.1019 of 2016 1 SENTHILNATHAN 2 SEEMAN 3 HEMALATHA 4 INDIAN 5 MATHIALAGAN ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs State rep.by THE INSPECTOR OF POLICE CCIW, TANJORE. ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.MUTHUKRISHNAN Advocate For Respondent : Mr.P.Kannithevan, 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, in Crime No.5 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 408, 419, 463, 465, 491 read with Sections 34, 108 and 120(b) of the Indian Penal Code and hence, seek anticipatory bail.
2. The case of the defacto complainant is that the petitioners and 33 others including the officers, farmers and the President of the society misappropriated a huge sum of money by way of granting crop loan to the farmers and the members of the society and thereby caused financial loss to the society for the period from 01.04.2011 to 30.06.2014. Based on the complaint, a case has been registered against the petitioners.
3. The case of the petitioners is that the averments made in the complaint are false and they obtained loan to the tune of Rs.1,90,000/-, Rs.2,40,000/-, Rs.2,60,000/- and Rs.2,74,000/- and they are the members of the society and they have not committed any offence as alleged by the prosecution and they repaid all the loan amount.
4. The learned Government Advocate (Criminal Side) submitted that all the loan amount is recovered.
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.II, Kumbakonam 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 https://hcservices.ecourts.gov.in/hcservices/
Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions 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/- 21/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT 3 THE INSPECTOR OF POLICE, CCIW, TANJORE.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S S.MUTHUKRISHNAN Advocate SR.No.3498 sm:NGM-SS:AR I:28.01.2016:2p/6C
ORDER
IN CRL OP(MD) No.1019 of 2016 Date :21/01/2016 https://hcservices.ecourts.gov.in/hcservices/