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Madras High CourtCRL OP(MD)/5349/2024ordered

Govindaraju @ Govintharaj v. The Inspector Of Police

2024-04-12Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Govindaraju @ Govintharaj ... Petitioner/Accused No.2 Vs The Inspector of Police, Economic Offences Wing, Trichy District.

In Crime No.1 of 2024 ... Respondent/Complainant For Petitioner : Mr.Prakash, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police 1/5

for the alleged offence punishable under Sections 409, 420, 465, 468, 471, 477(A) and 120(B) IPC in Crime No.1 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused are employees in Urakkarai Mahadevi Primary Agricultural Co-Operative Society and they have involved in misappropriation of a sum of Rs.1,02,552/- from 01.04.2020 to 31.03.2021.

3.The learned counsel appearing for the petitioner submits that the amount, which was allegedly misappropriated by the petitioner, has already been paid by him.

4.The learned Additional Public Prosecutor for the respondent submits that investigation is not yet completed.

5.Considering the facts and circumstances of this case and also considering that the amount misappropriated by the petitioner has been repaid, this Court is inclined to grant anticipatory bail to the petitioner. 2/5

6.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Musiri, Trichy District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Musiri, Trichy District and on further conditions that: i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

ii. The petitioner shall appear before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required. He has to co-operate for the investigation.

iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. 3/5

iv. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 12/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.PRAKASH, Advocate ( SR-4414[I] dated 15/04/2024 ) 4/5

ORDER

IN CRL OP(MD) No.5349 of 2024 Date :12/04/2024 SS/JGB/SAR- /23/04/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5