Anna Durai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16576 of 2018 ANNA DURAI ... PETITIONER / ACCUSED NO.3 Vs STATE REP.BY THE INSPECTOR OF POLICE, CCIW CID., RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.
CRIME NO.4 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.ANAND, Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner is in judicial custody since 24.08.2018 for the offence punishable under Sections 406, 408, 409, 420, 465, 468, 471, 477-A, 120(B) and 190 of IPC in Crime No.4 of 2018 on the file of the respondent police. He seeks bail.
2.The case of the prosecution is that from 01.04.2015 to 28.02.2017, on 24.08.2018 alleging that in respect of sanctioning of gold loan to the members of Anjukottai Primary Agricultural Cooperative Thrift Society, an enquiry was conducted under Section 81 of the Tamil Nadu Co-operative Societies Act. As per the enquiry report there was misappropriation of Rs.96,33,930/-(Rupees ninety six lakhs thirty three thousand and nine hundred and thirty only). The first accused is a Secretary, second accused is a President, third accused is a writer and fourth accused is a appraiser of gold jewels. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner was arrested and remanded into judicial custody on 24.08.2018. As far as the petitioner is concerned, he was only a writer and also he attained superannuation from 31.03.2016. Even from the enquiry report found that charge No.5, proved as against the petitioner herein, in which, he along with A-1 and A-2, misappropriated a sum of Rs.50,000/-(Rupees fifty thousand only). Further he submitted that A-4 was granted anticipatory bail by this Court in Crl.O.P.(MD).No.15354 of 2018, dated 06.09.2018, on https://hcservices.ecourts.gov.in/hcservices/
condition that he was deposited a sum of Rs.4,00,000/-(Rupees four laksh only) in Crime No. 4 of 2018. Hence, he prays for grant of bail to the petitioner.
5. Heard the learned Additional Public Prosecutor appearing for the respondent.
6. It is seen from the enquiry report, charge No.5 is connected with the petitioner, in which, he along with A-1 and A-2 misappropriated a sum of Rs.50,000/-(Rupees fifty thousand only), as per the enquiry report under Section 81 of the Tamil Nadu Cooperative Societies Act. 7.Considering the facts and circumstances of the case and also considering the period of incarceration of the petitioner from 24.08.2018. As such, 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.I, Ramanathapuram.
(ii)the petitioner shall appear before the respondent police as and when required for interrogation; sd/- 20/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPRUAM.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPRUAM DISTRICT.
3. THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPRUAM, RAMANATHAPRUAM DISTRICT.
4. THE INSPECTOR OF POLICE, CCIW CID., RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.R.ANAND Advocate SR.No.18016 ORDER IN CRL OP(MD) No.16576 of 2018 Date :20/09/2018 MS/VR-MMS/SAR-3/20.09.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/