M.Subbaiah Kambar v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8741 of 2018 M.SUBBAIAH KAMBAR ... PETITIONER / ACCUSED(SINGLE) Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, THOOTHUKUDI NORTH POLICE STATION, THOOTHUKUDI DISTRICT CRIME NO.44/2016 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.ANAND Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 381, 406 and 420 of IPC., in Crime No.44 of 2016, seeks anticipatory bail.

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

3. The petitioner is the Poosari of a small temple. There are two groups in the temple management. The allegation made against the petitioner is that the petitioner did not answer for the shortfall in the assets of the deity. But there is nothing on record to show that the petitioner was entrusted with the items, which are now alleged to have been misappropriated. The complaint itself is rather vague. Therefore, this Court is of the view that this case is a fit case to grant anticipatory bail.

4. In view of the above, 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.II, Thoothukudi District, and on his executing a bond https://hcservices.ecourts.gov.in/hcservices/

for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed sd/- 06/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, THOOTHUKUDI DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI 3 THE INSPECTOR OF POLICE, THOOTHUKUDI NORTH POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.ANAND Advocate SR.No.9776 PJL JAM/11/06/2018/ CM-VR /VK/2P-6C

ORDER

IN CRL OP(MD) No.8741 of 2018 Date :06/06/2018 https://hcservices.ecourts.gov.in/hcservices/