Renganayagi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Renganayagi, ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, EOW Pudukkottai, Pudukkottai District.

Crime No. 1 of 2024.

... Respondent/Complainant For Petitioner : M/s. Azagarsami.Ak, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) 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, apprehending arrest at the hands of the respondent Police, in 1/5

connection with a case in Crime No.1 of 2024, for the offence punishable under Sections 408, 420, 468, 471, 477A and 34 IPC, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioner along with the other accused have illegally withdrawn amount from the customers bank account. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the petitioner is the Manager of the Central Co-operative Bank, Vadakadu Branch and the second accused is working as Clerk in the same branch. The second accused, by creating forged vouchers, has taken money from various accounts of their Bank customers. The petitioner has failed to check the vouchers and she has also permitted the second accused to use her I'd. Taking advantage of the same, the second accused has committed fraud. There is a negligence on the 2/5

part of the petitioner. The second accused was arrested and was subsequently released on bail.

5.It is reported by the Investigation Officer that the petitioner herein has not committed any offence and she has not taken any money. She has permitted to use her I'd, which enabled the second accused to illegally take the customers' amount to the tune of Rs.10,00,000/-, out of which, Rs.8,47,000/- has been recovered from the second accused .

6. Considering the facts and circumstances of the case and also considering that except the allegation of negligence, there is no specific overt act as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of her arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) 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 No.I, Pudukottai. 3/5

(ii) 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;

(iii) The petitioner shall appear before the respondent police once in a week at 10.00 am, until further orders for interrogation. She has to co-operate for the investigation.

(iv) The petitioner shall not misuse the liberty granted to her by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) 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/- 11/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE NO.I PUDUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

4/5

3 THE INSPECTOR OF POLICE EOW PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6369 of 2024 Date :11/06/2024 SS/VR/SAR- /18/06/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5