Madras High CourtCRL OP(MD)/16898/2016granted

D.Nalinkumari v. The Inspector Of Police,

2016-10-26Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.16898 of 2016 D.NALINAKUMARI ... PETITIONER / ACCUSED NO.9 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, CCIW POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

(CRIME NO. 3 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.PRAGALATHAN Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner, who is arrayed as accused pray for grant of anticipatory bail under Section 438 of Cr.P.C. for offences punishable under Sections 408, 471, 477(A)IPC r/w 34 in Crime No.3 of 2016 on the file of respondent police.

2. The case of the prosecution is that the petitioner is A9 who worked as a Manager in the Marthandam Bee Keepers Co-operative Society Ltd. Further case of the prosecution is that the petitioner misappropriated of Society fund and she is facing departmental enquiry.

3. The learned counsel for the petitioner submits that the petitioner is innocent and she has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Criminal side) submits that for the alleged occurrence, the Inspector of Police, District Crime Branch, Nagercoil, registered a case in Crime No.6 of 2015 under Sections 120(b) and 420 IPC and the petitioner and other office bearers were arrayed as accused in the said FIR. Subsequently, all further proceedings as 'Action Dropped'. Subsequently, CCIW, Nagercoil, initiated the case and the investigation is pending.

4. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

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(b) In the event of appearance before the learned Judicial Magistrate No.2, Kuzhithurai, Kanyakumari District, within 15 days from the date of receipt of copy of the order, (i) Petitioner shall be enlarged on bail on executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction;

(ii) The petitioner shall be available for interrogation by the respondent police daily at 10.30 a.m until further orders. sd/- 26/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.2, KUZHITHURAI, KANYAKUMARI DISTRICT.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI @ NAGERCOIL.

3 THE INSPECTOR OF POLICE, CCIW POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.N.PRAGALATHAN Advocate SR.No.64602. ORDER IN CRL OP(MD) No.16898 of 2016 Date :26/10/2016 msm/sk-skn/02.11.16/p2/6c https://hcservices.ecourts.gov.in/hcservices/