P.Muniyasamy, v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6386 of 2017 P.MUNIYASAMY, ... PETITIONER / ACCUSED No.1 Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, O/O.THE C.C.I.W.C.I.D., MADURAI, MADURAI DISTRICT. IN CRIME NO.4 OF 2017.
2 State represented through THE INSPECTOR OF POLICE, C.C.I.W.C.I.D., DINDIGUL WING, DINDIGUL DISTRICT. DINDIGUL. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.KRISHNAN Advocate For Respondent : Mr.A.Ramar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A1 in Crime No.4 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, 409,471, 477A r/w 34 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 counsel for the petitioner submitted that the Deputy Registrar of Co-operative Society, D.C.C. Bank, Dindigul Range, Dindigul lodged a complaint against 158 persons alleging misappropriation of a sum of Rs.1.69 crores by way of obtaining loan through the various self-help groups during the period 2016. He would further submit that the petitioner has no power to sanction loan. As per the bye-law, only loan committee has power to sanction the loan. In respect of the very same issue, a disciplinary proceeding is also pending. The petitioner is innocent. He has not committed any offence as alleged in the complaint. He is ready to co-operate with the enquiry.
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4.The learned Additional Public Prosecutor appearing for the respondents / Police submitted that there are totally 158 accused. A4, A7, A8, A10, A12 were already granted on anticipatory bail by this Court. The investigation is pending.
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 learned Judicial Magistrate No.III, Madurai and on 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 once in a week i.e. on every Monday 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/- 02/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.III, MADURAI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE DEPUTY SUPERINTENDENT OF POLICE, O/O.THE C.C.I.W.C.I.D., MADURAI, MADURAI DISTRICT. IN CRIME NO.4 OF 2017.
4 THE INSPECTOR OF POLICE, C.C.I.W.C.I.D., DINDIGUL WING, DINDIGUL DISTRICT. DINDIGUL. 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.KRISHNAN Advocate SR.No.23083 SM:RR:SAR 4:5.6.2017:2P/7C
ORDER
IN CRL OP(MD) No.6386 of 2017 Date :02/06/2017 https://hcservices.ecourts.gov.in/hcservices/