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Madras High CourtCRL OP(MD)/12709/2018partly allowed

Karunakaran, v. The Inspector Of Police

2018-07-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12709 of 2018 1 KARUNAKARAN 2 DEVAKI 3 SHANTHI PRIYA ... PETITIONERS/ACCUSED 2 to 4 Vs STATE REP.BY ITS., THE INSPECTOR OF POLICE CITY CRIME BRANCH POLICE STATION, TRICHY CITY. CR.NO.21 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.V.NAGENDRAN, Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl.Side) For Intervenor : MR.T.SENTHIL KUMAR, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who are apprehending arrest at the hands of the respondent police for the offences punishable under Sections 408, 477(A), 465, 468, 471, 420 & 506(ii) IPC r/w.34 of IPC in Crime No.21 of 2018, seek anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police and the learned counsel appearing for the intervenor also. 3.The first accused Ravi was employed under the defacto complainant. He is said to have misappropriated a sum to the tune of 42.00 Lakhs. This Court is of the view that the third petitioner being the wife of the main accused cannot escape from her liability. Obviously, the third petitioner knew what had happened. This Court posed a specific question to the learned counsel for the petitioners that if there is any proposal, atleast partial liquidation of the liability. But, the learned counsel for the petitioner was not in a position to respond. https://hcservices.ecourts.gov.in/hcservices/ 4.This Court dismisses this petition as far as the third

petitioner is concerned. The petitioners 1 and 2 are only the parents in law of the main accused. Considering their age, this Court is inclined to grant anticipatory bail to them. In fact, this Court should have dismissed this petition for the petitioners 1 and 2 also. The learned counsel for the intervenor specifically pointed out that the money through the main accused was transferred to the account routed through the petitioners 1 and 2 herein. But then, taking into account of their age, this Court grants them relief.

5.Therefore, this Court is inclined to grant anticipatory bail to the petitioners 1 and 2 with certain conditions. Accordingly, they are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Trichy and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that they shall appear before the respondent police as and when required for interrogation. They shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. They shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed. sd/- 27/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TRICHY 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE INSPECTOR OF POLICE CITY CRIME BRANCH POLICE STATION, TRICHY CITY. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CC to MR.V.NAGENDRAN Advocate SR.No.14241 +1. CC to MR.T.SENTHILKUMAR, Advocate SR.No.14332 ORDER IN CRL OP(MD) No.12709 of 2018 Date :27/07/2018 PK/RR/SAR-2/06.08.2018 : 2P/8C https://hcservices.ecourts.gov.in/hcservices/