V.Raja v. The Inspector Of Police

CRL OP(MD). No.6811 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/05/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.6811 of 2021 V.Raja ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, C.C.B. Madurai City.

(In Crime No.9/2021).

... Respondent/Complainant S.Elancheziyan ... Petitioner/ Defacto Complainant IN CRL MP(MD)No.3748 of 2021 IN CRL OP(MD).No.6811 of 2021 For Petitioner : Mr.P.Sivaneshwaran, Advocate. For Respondent : Mr.M.Muthumanickam, Government Advocate (Crl.Side) For Intervenor : Mr.A.Sivasubramanian, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.9/2021.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 409 of IPC in Crime No.9 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.When the matter is taken up for hearing, the learned counsel for the petitioner would submit that the petitioner was no way connected in the occurrence and offence. On the date of the alleged occurrence, the petitioner went on leave and handed over the key to the higher officials. Later, he came to know that the money was misappropriated. Even in the investigation, the first accused, alleged to has stated that only on the pressure of the second accused, he has given the key.

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CRL OP(MD). No.6811 of 2021 3.The learned Government Advocate(criminal side) would submit that the double locking key system is in adopted in the said Management and in the absence of any one of them, it may not be possible to open the locker and therefore, the petitioner is the main accused in the offence and hence, he opposes to grant ancipatory bail to the petitioner.

4.Considering the facts and circumstances of the case and eventhough the first accused was released on bail, considering the fact that petitioner's involvement in the offence is prima facie seen, this Court is not inclined to grant anticipatory bail to the petitioner. The learned Principal District and Sessions Judge, Madurai, rightly dismissed the anticipatory bail petition. Accordingly, this Criminal Original Petition is dismissed. sd/- 19/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE, C.C.B. MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.6811 of 2021 Date :19/05/2021 kmm MS/AKM/SAR-3/28.05.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2