Madras High CourtCRL OP(MD)/4066/2017ordered

A.Kamaraj v. The Inspector Of Police

2017-04-10Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4066 of 2017 A.KAMARAJ ... PETITIONER/ACCUSED NO.1 Vs STATE THROUGH THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT, CRIME NO. 175 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.HAJAMOHIDEEN 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.1 in Crime No. 175 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420 and 120-B 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 learned Government Advocate (Crl.Side) appearing for the respondent on instructions submitted that the first accused misappropriated a sum of Rs.1,63,000/- and other accused misappropriated Rs.30,98,300/- during the period 18.08.2016 to 30.09.2016.

4. The learned counsel for the petitioner would submit that the petitioner has worked as sales representative in the company nearly 17 years in which the defacto complainant is working as Manager and the petitioner played vital role in the development of business and the Manager wanted some favour from the pettioner and the petitioner did not yield and therefore, dispute arose and he has also filed a https://hcservices.ecourts.gov.in/hcservices/

suit in O.S.No.15 of 2017 on the file of the District Munsif, Sivakasi, and in the counter blast, the present complaint has been lodged.

5.Considering the facts and circumstances of the case, this 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 Judicial Magistrate, Sivakasi, Virudhunagar District, 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 appear before the respondent police daily at 10.30 a.m until further orders. 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/- 10/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SIVAKASI, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.A.HAJAMOHIDEEN Advocate SR.No.19862 CM CSL/BS/SAR-II/18.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.4066 of 2017 Date :10/04/2017 https://hcservices.ecourts.gov.in/hcservices/