R.Anand v. The Sub Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of August Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.8980 of 2017 1 R.ANAND 2 POONRAJ 3 S.KALEESWARAN 4 M.KATHIRAVAN ... PETITIONERS / ACCUSED Nos.1 to 4 Vs THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, VANNIYAMPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
(CR.NO.103/2017) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.G.MARIMUTHU Advocate For Respondent : Mr.C.RAMESH, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under section 420 IPC, in Crime No.103 of 2017 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners, when they were working as salesman in ABT Maruti, Srivilliputhur Branch, had used the office money for their personal needs and later, they settled the same.
3.The learned counsel for the petitioners would submit that the petitioners are innocents persons and they have not committed any offence as alleged by the prosecution. It is further submitted that the petitioners were working as salesman in ABT Maruti Company at Srivilliputtur branch for the past five years and after the knowledge of the alleged commission of offence, they have repaid the entire amount.
4.The learned Additional Pubic Prosecutor would submit that the investigation is going on and no previous case is pending against the petitioners and the entire misappropriated has been repaid by the petitioners.
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5.Considering the facts and circumstances of the case and also considering the fact that no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Srivilliputtur and on each of them 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 petitioners shall appear before the respondent police daily at 10.00 a.m until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7.The petitioners 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 shall stand automatically dismissed.
sd/- 01/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTTUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR 3 THE SUB INSPECTOR OF POLICE, VANNIYAMPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.G.MARIMUTHU Advocate SR.No.27700 JAM/09.08.17/RR-BS/SAR 1 / 2P-6C
ORDER
IN CRL OP(MD) No.8980 of 2017 Date :01/08/2017 https://hcservices.ecourts.gov.in/hcservices/