Senthil v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9585 of 2018 1 SENTHIL.V 2 MURUGESWARI ... PETITIONERS/ ACCUSED 1 & 3 Vs STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THENI.
CRIME NO.15 OF 2018.
... RESPONDENT / COMPLAINANT For Petitioners: Mr.AJMAL KHAN, Senior Counsel for Mr.J.SENTHIL KUMARAIAH, Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners are accused Nos.1 and 3. They were arrested and remanded to judicial custody on 23.05.2018 for the offences punishable under Sections 120(b), 406, 420 IPC in Crime No.15 of 2018, on the file of the respondent police. They seek bail. 2.The first petitioner was working as a Jewel Appraiser for Canara Bank, Theni Branch. A sum of almost Rs.1 Crore is said to have been misappropriated by falsely showing spurious jewels as regular gold jewellery. Some of the items were recovered from the house of the petitioners. The second petitioner is the wife of the first petitioner. She was also shown as an accused and she was also arrested. This Court during its vacation sitting have granted Anticipatory Bail to the second accused. While granting Anticipatory Bail, it was recorded that the primary allegations are only against the first accused.
3. Taking note of all the aspects, this Court is of the view that the continued incarceration of the second petitioner will not serve any purpose. Considering the said fact, this Court is inclined to grant bail to the second petitioner with certain conditions and the bail petition stands dismissed for the first petitioner for the present.
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4. Accordingly, the second petitioner is ordered to be released on bail, subject to the following conditions; (i) the second petitioner shall execute 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 Judicial Magistrate, Theni;
(ii) the second petitioner is directed to appear before the respondent police as and when required for interrogation;
(iii)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the second petitioner is in accordance with law as if the conditions have been imposed and the second petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560]. sd/- 13/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, THENI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH,THENI.
4. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.
5. THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, MADURAI.
6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.J.SENTHIL KUMARAIAH Advocate SR.No.10284
ORDER
IN CRL OP(MD) No.9585 of 2018 Date :13/06/2018 MS/PN/GSR/13.06.2018/2P.8C https://hcservices.ecourts.gov.in/hcservices/