Madras High CourtCRL OP(MD)/9533/2015injunction made absolute

V.Senthilkannan v. The Inspector Of Police

2015-06-10Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9533 of 2015 V.SENTHILKANNAN ... PETITIONER / ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE KARAIKUDI TOWN POLICE STATION, SIVAGANGAI DISTRICT CR.NO.141/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ARAVIND RAJ Advocate For Respondent : M/S.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 406 and 420 IPC in Crime No.141 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The Superintendent of Post Master, Karaikudi Sub Division, preferred a complaint alleging that the petitioner, who was working as Gramin Dak Sevak Mail Deliverer III (GDS MD III) at Sekkalai, misappropriated Rs.1,75,065/-.

3.The learned counsel for the petitioner submitted that in the year 2013 and 2014 service of the petitioner was put off and therefore, he challenged the action of the defacto complainant in O.A.No.864 of 2014 and when adjudication is pending a false complaint was levelled against this petitioner. It is further submitted without prejudice to his right, he had deposited the entire misappropriated amount.

4.The learned Government Advocate(Crl.side) also submitted that the entire amount was deposited by the petitioner. 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, Karaikudi on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the https://hcservices.ecourts.gov.in/hcservices/

satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m and 5.00 p.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. *CORRECTED ORDER ISSUED sd/- 10/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO TO BE SUBSTITUTED TO THE ORDER ALREADY DESPATCHED ON 12.06.2015 *1 THE JUDICIAL MAGISTRATE, KARAIKUDI *2 Do Thro THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE KARAIKUDI TOWN POLICE STATION, SIVAGANGAI DISTRICT. +1. CC to M/S.R.ARAVIND RAJ Advocate SR.No. 29743. TS/12.06.2015/2P-6C TS/18.06.2015/2P -6C

ORDER

IN CRL OP(MD) No.9533 of 2015 Date :10/06/2015 https://hcservices.ecourts.gov.in/hcservices/