D.Annalakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 12/08/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.11011 of 2022 D.Annalakshmi ... Petitioner/Accused No.2 Vs.

The State Rep. By Inspector of Police, Arimalam Police Station, Pudukkottai District.

(Crime No.60 of 2022) ... Respondent/Complainant For Petitioner : Mr.M.Solaisamy, Advocate For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR ANTICIPATORY BIAL under Sec.438 of Cr.P.C. PRAYER:- For Anticipatory Bail in Crime No.60 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order:- The petitioner, who is arrayed as A2 apprehending arrest at the hands of the respondent police for the offences punishable under sections 406 and 420 IPC, in Crime No.60 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that A1 was working as Branch Manager in Manappuram Finance Limited at Arimalam Branch. A2 was working as Assistant Manager and one Adaikalaraj was working as Junior Assistant. From 16/03/2022 to 17/03/2022, inspection was undertaken by the Auditor. At that time, it was found that 483 packets of jewels were available, on 16/03/2022. But when re-check up was made, on 17/03/2022, one packet was found missing. The above said missing packet of jewel is weighing 48.400 grams worth about Rs.2,29,658/-. As per the Bank Rules, only the Manager and the

Assistant Manager can enter the locker room and maintain the jewels. Both are having two separate keys. For the above said missing, both the Manager and Assistant Manager were responsible. On that basis, the case was registered.

3.Seeking anticipatory bail, A2 is before this court. 4.Heard both sides.

5.The learned counsel appearing for the petitioner would submit that on the date of the alleged occurrence, A1 alone entered into the locker room and opened the Bank locker and stolen the jewels, in which, this petitioner is noway involved. An Enquiry was made by the court to the effect that the locker is a double locking system and it can be opened by two keys. For that, the learned counsel appearing for the petitioner would submit that on the particular date, another key was also in the custody of A1 and he entered into the locker room.

6.Even as per the FIR, as rightly pointed out by the petitioner, during enquiry, the staff has stated that A1 Ajithkumar handed over the key to the Junior Assistant namely Adaikalaraj. Even though, there was dereliction of duty on the part of the petitioner, since the main accused namely A1 has been granted anticipatory bail by this court in Crl.OP(MD)No.6424 of 2022, dated 27/04/2022 with a condition to deposit Rs.1,50,000/-, this court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Thirumayam and on her 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 the petitioner shall appear before the respondent police daily at 09.00 am until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. The petitioner 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 petitions for anticipatory bail stands dismissed. Sd/- 12/08/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

ER

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, THIRUMAYAM.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, ARIMALAM POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1. CC to M/S.SOLAISAMY M Advocate SR.No.8628

ORDER

IN CRL OP(MD) No.11011 of 2022 Date :12/08/2022 SP/VR/SAR I/05/09/2022/3P/6C