M.Saravana Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3943 of 2017 M.SARAVANA KUMAR ... PETITIONER/ACCUSED NO.4 Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH, MADURAI CITY, MADURAI.

CRIME NO.13 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.S.KISHOK KUMAR Advocate For Respondent : MRS.S.PRABHA, 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 accused No.4 in Crime No.13 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 408 and 120B of IPC and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that the defacto complainant is working as Assistant General Manager in Muthoot Mercantile Ltd. The said company is also having several branches in all over Tamil Nadu, which are mainly dealing with lending loan by getting jewels from the customers. While being so, on 09.5.2015, an inspection was conducted in Koodal Nagar, Thirupallai, Narimedu and sellur Branches, where they found some spurious gold ornaments in the branches. Subsequently, they found that the staffs having conspiracy with some others and swindled the money.

In respect of the petitioner's branch is concerned, the gold jewels relating to ten loan numbers are containing spurious gold ornaments, the security stickers of the gold pocket was intact. There was a criminal breach and misappropriation to the tune of twenty lakh in the Koodal Nagar branch. The regional manager viz., R.M.Rajendran, Assistant Regional Manager, Vasantha Selvam and Jeyavelan/A-3 with the help of other branch managers, have misappropriated a huge amount. The petitioner is one amongst the staffs being a joint custodian aided the above said persons, thereby, the petitioner along with other staffs are https://hcservices.ecourts.gov.

committed the said crime. Hence, the present complaint. 4.The learned Government Advocate (Crl. Side) on instructions from the respondent police would submit that the petitioner is the computer operator and that main accused/A-3 was already granted anticipatory bail in Crl.O.P.(MD)No.2558 of 2017. 5.Considering the facts and circumstances of the case and also considering the fact that the co-accused was already granted anticipatory bail and that the matter is of the year 2016, Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. 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.I, Madurai and on his executing a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police as and when required, for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.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/- 06/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH,MADURAI CITY, MADURAI.

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

+1. CC to M/S.V.S.KISHOK KUMAR Advocate SR.No.19656 RJ2 CSL/BS/SAR-II/18.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.3943 of 2017 Date :06/04/2017 https://hcservices.ecourts.gov.in/hcservices/