S Arumuga Nainar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. S.Arumuga Nainar

2. E.Murugan ... Petitioners/Accused No.2 & 4 Vs The Sub Inspector of Police, Economic Offence Wing Police Station, Thoothukudi District - 628008 Crime No. 4 of 2024.

... Respondent/Complainant For Petitioners :

M/s.R.Suresh Kumar, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.4 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 408, 409, 420, 467, 468, 471, 477-A and 120-B of IPC in Crime No.4 of 2024 on the file of the respondent police, seek 1/3

anticipatory bail.

2.The case of the prosecution is that the accused persons had misappropriated and cheated the society with fake documents and caused loss to the society to the tune of Rs.10,02,64,866/-. Hence, the case.

3.The learned counsel for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. side) has raised serious objections that the first accused, namely, Masoothu, is the liquidator appointed for the Thoothukudi Co-operative Building Society. The first petitioner/A2 was the then President of EE.31 Thoothukudi Government Servant Public Service Co-operative Housing Society; the second petitioner/A4 is the Secretary of the Thoothukudi VAO and Revenue Co-operative Society and A3 is the wife of A2. All the accused had conspired together and transferred the property of the Thoothukudi Co-operative Building Society in the names of A2 and A3.

He has also produced some photographs that the subject property of the Thoothukudi Co-operative Building Society is under the custody of the accused and the same is also hired for the purpose of parking the vehicles. He further submits that the investigation is in the crucial stage.

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5.Considering the objections raised by the learned Government Advocate (Crl. side) and the fact that the accused are illegally using the Society's property, this Court is not inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 06/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE SUB INSPECTOR OF POLICE, ECONOMIC OFFENCE WING POLICE STATION, THOOTHUKUDI DISTRICT - 628008.

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

ORDER IN CRL OP(MD) No.6848 of 2024 Date :06/06/2024 RS/JGB/SAR-(14.06.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3