Kathiresan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9674 of 2016 KATHIRESAN ... PETITIONER/ ACCUSED NO.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THOOTHUKUDI, CRIME NO. 39/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S D.SRINIVASARAGAVAN Advocate For Respondent :MR.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.3, apprehends arrest at the hands of the respondent police for the offences punishable under sections 408, 420, 468 and 471 IPC, in Crime No.39 of 2015, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that A.1 is the cashier of a self help group and he failed to deposit the amount paid by the members of the self help group with the bank from October, 2013 to July, 2015 and did not give receipts also for the payments and A.1 and A.4 forged the signatures of the members of the self help group. A.3 is the co-ordinator. On complaint case has been registered for the above said offences.

3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He is only a co-ordinator and A.1 has failed to deposit the amount paid by the members of the Self Help Group with the bank and did not give receipt. Earlier, this Court granted anticipatory bail to the petitioner on a condition that he shall deposit a sum of Rs.3,00,000/- before the learned Judicial Magistrate No.I, Thoothukudi. But, he is unable to execute the sureties in time and therefore the said order was expired. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Criminal side) submitted that the petitioner is also responsible for the money collected from the members from October 2013 to July 2015, no amount was remitted in the Bank and the petitioner is also colluded with other persons and investigation is pending and prayed for dismissal of the petition. Earlier, the petitioner filed a petition for anticipatory bail in Crl.O.P(MD)No.456 of 2016 and vide order dated 15.04.2016, this Court granted anticipatory bail to him on a specific condition that he shall deposit a sum of Rs.3,00,000/- before the Judicial Magistrate No.I, Thoothukudi, but without complying with the said condition, the petitioner has filed the present petition for anticipatory bail.

5.Considering the facts and circumstances of the case and also considering the fact that without complying with the condition imposed in the earlier order passed by this Court in Crl.O.P(MD) No.456 of 2016, the petitioner has come up with the present petition and also did not execute the sureties, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly this petition is dismissed.

sd/- 20/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SMN TO 1 THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE,DISTRICT CRIME BRANCH, THOOTHUKUDI, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S D.SRINIVASARAGAVAN Advocate SR.No.31556 GJM/SK/SKN/SAR-III-24.6.16-2P-6C

ORDER

IN CRL OP(MD) No.9674 of 2016 Date :20/06/2016 https://hcservices.ecourts.gov.in/hcservices/