V.Thennarasu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22841 of 2018 V.THENNARASU ... PETITIONER / PETITIONER Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT.
(CRIME NO.3/17) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.BHARATHI Advocate For Respondent : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner is remanded to judicial custody on 28.11.2018 in Crime No.03 of 2017 on the file of the respondent police for the offences punishable under Sections 406, 420, 294(b), 506(ii) of I.P.C and he seeks bail.
2. The case of the prosecution is that the petitioner, who was the PRO of Muthoot Finance has failed to remit the amount collected from the customers and thereby cheated the Company to the tune of Rs.12,00,000/-.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Criminal Side] for the respondent State.
4. According to the petitioner, the petitioner was granted anticipatory bail by this Court in Crl.O.P(MD)No.5980 of 2017 vide order dated 18.05.2017 on condition to deposit Rs.6,00,000/- and thereafter, the said condition was modified in Crl.M.P(MD)No.7799 of 2017 vide order dated 05.09.2017 to the effect that the petitioner shall deposit Rs.1,31,000/- instead of Rs.1,60,000/- and due to non-compliance of the said condition, the petitioner was arrested and remanded to judicial custody. Now, the petitioner is ready to make such deposit.
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5. Heard the learned Government Advocate [Criminal Side] on the submission made by the learned counsel for the petitioner and he has also affirmed the said fact.
6. Considering the facts and circumstances of the case and also considering the fact that the petitioner is in incarceration for the past thirty days and now he is ready to make payment as agreed by him before this Court while granting anticipatory bail this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:
(i) the petitioner shall execute 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 Judicial Magistrate No.II, Virudhunagar.
(ii) the petitioner shall deposit Rs.1,31,000/-(Rupees One Lakh and Thirty One Thousand Only), without prejudice to his defence before the trial Court and thereafter, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner. It is made clear that the bonafide offer made by the petitioner to deposit the amount would not amount to admitting the guilt. (iii)the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders.
sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, VIRUDHUNAGAR.
2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTTUR. 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT. 4 THE OFFICER INCHARGE, DISTRICT JAIL,VIRUDHUNAGAR, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI.
+1. CC to Mr.S.BHARATHI Advocate SR.No.24102 PS/VR/SAR-1/27.12.2018/2P/7C
ORDER
IN CRL OP(MD) No.22841 of 2018 Date :27/12/2018 https://hcservices.ecourts.gov.in/hcservices/