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Madras High CourtCRL OP(MD)/17257/2016dismissed

S.Selvakumar v. The District Crime Branch

2016-09-16Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17257 of 2016 1 S.SELVAKUMAR 2 R.VIJAYA KUMAR 3 B.SANJEEVI ... PETITIONERS /PROPOSED ACCUSED RANK NOT KNWON Vs THE STATE REPRESENTED BY THE DISTRICT CRIME BRANCH PUTHUKOTTAI, PUTHUKOTTAI DISTRICT (CIME NO.NOW KNOWN/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.MURUGAVEL Advocate For Respondent : M/S.A.P.BALASUBRAMANI, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offence punishable under Section 420 IPC on the file of the respondent police.

2. As against earlier representation to this Court on 14.09.2016 that no petition or F.I.R is pending, learned counsel for petitioner brings to notice of this Court a communication addressed by Deputy Superintendent of Police to the Branch Manager, Indian Overseas Bank, Mazhayur Branch, Pudukkottai District.

3. Learned counsel for petitioner submits that in the course of grant of jewel loans, 17 packets of spurious jewels came to be held by the Bank. On discovery of such fact, the jewel appraiser committed suicide. 17 spurious packets were held as security for 24 loans, in which 12 loans were granted to the relatives of jewel appraiser and loan amounts have been credited to the respective accounts of borrowers who in turn have withdrawn the same. In the circumstances, without making any enquiry of such borrowers, the https://hcservices.ecourts.gov.in/hcservices/

bank Managers who functioned at the bank during said period are sought to be roped in.

3. Heard learned Government Advocate (Crl. Side) on the said submissions.

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

(b) In the event of appearance before the learned Judicial Magistrate No.I, Puthukottai within 15 days from the date of receipt of copy of the order, (i) petitioners 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) petitioners shall co-operate with the respondent for investigation.

(iii) petitioners 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 him from disclosing such facts to the Court or to any Police Officer;

(iv) 3rd petitioner shall be available for interrogation by the respondent police daily at 9.00 a.m. for two weeks and thereafter as and when required andpetitioners 1 and 2 shall be available for interrogation by the respondent police during Saturdays and Sundays at 10.30 a.m. for four weeks and thereafter as and when required. sd/- 16/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, PUTHUKOTTAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUTHUKOTTAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE DISTRICT CRIME BRANCH, PUTHUKOTTAI, PUTHUKOTTAI DISTRICT +1. CCs to M/S.C.MURUGAVEL Advocate SR.Nos.52750 RL/6C/1P/CK/SARI/23/9/2016

ORDER

IN CRL OP(MD) No.17257 of 2016 Date :16/09/2016 https://hcservices.ecourts.gov.in/hcservices/