Sumitha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10801 and 11467 of 2018 SUMITHA ... PETITIONER /3rd ACCUSED IN CRL OP(MD) No.10801 of 2018 S.DINESH ... PETITIONER / ACCUSED No.2 IN CRL OP(MD) No.11467 of 2018 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SOUTH GATE POLICE STATION, MADURAI CITY Crime No.413 of 2018 ... RESPONDENT/ COMPLAINANT IN BOTH THE PETITIONS For Petitioner : Mr.N.SATHISH BABU Advocate IN CRL OP(MD) No.10801 of 2018 For Petitioner : Mr.C.M.ARUMUGAM Advocate IN CRL OP(MD) No.11467 of 2018 For Respondent : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Heard the learned counsel for the petitioners/accused and also the learned counsel for the intervenor.

2.In this case the jewels, that were pledged with Agro Indus Credit Limited, Madurai, were replaced by spurious items and embezzlement to the tune of Rs.55,24,250/- (Rupees Fifty Five Lakhs Twenty Four Thousand Two Hundred and Fifty only) took place involving the Manager/first accused and other two accused/petitioners herein who are staff, working in the said institution. The first accused is having one key, while the other key was operated on a turn basis by the petitioners herein. Since the petitioners herein and the principal accused had joint custody of the jewels concerned, this Court is of the view that without the culpable act of omission on the part of the petitioners herein, embezzlement would not have taken place.

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3.The role played by the petitioners herein is a matter for investigation. Hence, this Court is of the view that the petitioners are not entitled to grant of anticipatory bail. The Criminal original Petition is dismissed.

sd/- 17/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE SOUTH GATE POLICE STATION,MADURAI CITY.

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

+1. CC to Mr.C.M.ARUMUGAM Advocate SR.No.13328 +1. CC to Mr.P.VENKATASUBRAMANIAN Advocate SR.No.13292

ORDER

IN CRL OP(MD) No.10801 and 11467 of 2018 Date :17/07/2018 TK/JC/SAR.4/09.08.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/