Avudiayappan, v. State Rep. By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8962 of 2015 AVUDAIYAPPAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP. BY ITS THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, RAMNATHAPURAM AND DISTRICT.

(CR.NO. 30 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.MURUGAPPAN 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 petitioner, who is arrayed as sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 468, 471 and 420 of IPC, in Crime No.30 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the de-facto complainant, the accused was functioning as Secretary of DSV Primary School at Perunazhi in Ramanathapuram District and he forged the signature of the School Committee members and mortgaged the school property to an extent of 3674 sq. feet to one R.Gunasekaran and obtained a loan of Rs,.

4,30,000/-. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioners was working as Secretary from 01.04.2011 to 31.03.2014 and during that period, school building was constructed with the funds provided by the Member of Parliment and the present complaint was given by the present Secretary with an ulterior motive. It is further submitted that even in the complaint, there is no allegation that the petitioner has misappropriated the amount.

4.Heard the learned Government Advocate (Criminal side) appearing for the respondent and also perused the FIR.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Ramanathapuram and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a https://hcservices.ecourts.gov.in/hcservices/

like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The 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/- 07/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, RAMANATHAPURAM AND DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.MURUGAPPAN Advocate SR.No.37042

ORDER

IN CRL OP(MD) No.8962 of 2015 Date :07/07/2015 PA/PRV/13.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/