Hemnath, S/O. Thangaraj, v. State Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.1975 of 2017 HEMNATH, ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE, SETHUBAVACHATRAM POLICE STATION, THANJAVUR DISTRICT.

(CRIME.NO.238/2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.ANANDAN Advocate For Respondent : M/S.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused No.28, prays for the grant of anticipatory bail under Section 438 of Cr.P.C for the offences punishable under Sections 409, 468 and 471 of I.P.C in Crime No.238 of 2016 on the file of the respondent police.

2. The case of the prosecution is that the petitioner misappropriated Rs.21,000 and Rs.22,000/- from the account of one Krishnamoorthy.

3. It is represented by the learned Government Advocate (Crl. Side) that the misappropriated amount has been recovered, even before the lodging of the F.I.R and now, the petitioner is facing the criminal action.

4.The learned counsel for the petitioner submits that the petitioner is innocent and he returned back the alleged amount. 5.Considering the facts and circumstances of the case and the stage of the investigation, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; https://hcservices.ecourts.gov.in/hcservices/ (a) In the event of arrest by or on appearance before the

Judicial Magistrate, Pattukkottai, within 10 days from the date of receipt of copy of the order, (i) petitioner shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer;

(iii) petitioner shall appear before the learned Judicial Magistrate, Pattukkottai once in a week I.e on every Monday at 10.30 a.m until further orders.

sd/- 23/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PATTUKKOTTAI.

2.-DO-THROU THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT.

3.THE INSPECTOR OF POLICE, SETHUBAVACHATRAM POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.S.DEENADHAYALAN Advocate SR.No.11000 VS AE/MR/SAR3/28.02.2017/2P/6C

ORDER

IN CRL OP(MD) No.1975 of 2017 Date :23/02/2017 https://hcservices.ecourts.gov.in/hcservices/