Balamurugan, S/O. Sankaran, v. State Rep. By The Inspector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of May Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.8945 of 2015 BALAMURUGAN, ... PETITIONER/ACCUSED NO.4 Vs STATE REP. BY THE INSPECTOR OF POLICE, VIRUDHUNAGAR ECONOMIC OFFENCES WING II, VIRUDHUNAGAR DISTRICT. CR.NO.1/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.K.AZAGARSAMI Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 19.03.2015 for the offence punishable under Sections 420, 120(b), 294 (b), 506(i) IPC in Crime No.1 of 2014 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the petitioner is arrayed as A4 and the petitioner is working in a Financial Establishment and the said agency collected Rs.2,10,000/- from the members and misappropriated the said amount.

3. It is represented that the co-accused had already been granted bail by this Court in Crl.O.P.(MD) No.78 of 2015 and there is no previous case as against the petitioner. Under such circumstances, this Court is inclined to grant bail to the petitioner, but with conditions.

4. Accordingly, the petitioner is ordered to be released on bail on his 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 Judicial Magistrate, No.I, Srivilliputhur at Virudhunagar District, and on further condition that:

(a) the petitioner shall deposit a sum of Rs.1,05,000/- to the credit of Crime No.1 of 2014 and on such deposit, the learned Magistrate is directed to deposit the same in any one of the Nationalised Bank, in a fixed deposit so that the amount accrues interest and at the end of trial, appropriate orders for disbursel of the amount could be made. [b] the petitioner shall report before the respondent police everyday daily at 10.30 a.m. and 06.30 p.m. for a period of two weeks and thereafter as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[e] The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the condition or not. sd/- 06/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, SRIVILLIPUTHUR AT VIRUDHUNAGAR DISTRICT.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, VIRUDHUNAGAR ECONOMIC OFFENCES WING II, VIRUDHUNAGAR DISTRICT.

4. THE OFFICER INCHARGE, SUB JAIL, VIRUDHUNAGAR.

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

+1. CC to M/S.A.K.AZAGARSAMI Advocate SR.No. 25064 SR/SAR I : 06.05.2015 : 2P/7C

ORDER

IN CRL OP(MD) No.8945 of 2015 Date :06/05/2015 https://hcservices.ecourts.gov.in/hcservices/