Madras High CourtCRL OP(MD)/18628/2016dismissed

Vanikaruppu v. The Inspector Of Police

2016-11-24Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.18628 of 2016 VANIKARUPPU ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI.

CR NO. 644 OF 2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.MOHAN 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 :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Section 420 of I.P.C., in Crime No.644 of 2016 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent police.

3. It is seen that on 28.09.2016, this Court had granted interim anticipatory bail to the petitioner.

4. The case of the prosecution is that the petitioner and the de-facto complainant are close friends and the de-facto complainant has given his ATM card to the petitioner for taking Rs.300/- from his account by providing him with the pin number, but the petitioner said to have withdrawn Rs.1,20,000/- from his account.

5. The learned counsel for the petitioner would submit that more than Rs.25,000/- per day cannot be withdrawn and the petitioner is innocent and he has been falsely implicated in this case. https://hcservices.ecourts.gov.in/hcservices/

6. The learned Government Advocate (Crl.side) would submit that

in State Bank of India, upper limit for withdrawal is Rs.40,000/- and the petitioner said to have withdrawn three times, totally Rs.1,20,000/- from the de-facto complainant's account.

7. Taking note of the serious offence said to have been committed by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 24/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1,SIVAGANGAI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, SIAVAGANGAI DISTRICT.

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

4 THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION,SIVAGANGAI.

AKV CSL/SKS-RR/SAR-II/19.12.2016: 2P/5C

ORDER

IN CRL OP(MD) No.18628 of 2016 Date :24/11/2016 https://hcservices.ecourts.gov.in/hcservices/