Sathya v. The Inspector Of Police

CRL OP(MD). No.14090 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.14090 of 2020 Sathya ... Petitioner/Sole Accused Vs State Rep. by The Inspector of Police, District Crime Branch, Karur.

(Crime No.9/2020).

... Respondent/Complainant For Petitioner : M/s.V.Karuna, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.9/2020 on the file of respondent police.

ORDER : The Court made the following order :- The petitioner/Sole accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 409 and 420 of IPC seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was working as Accountant in kulithalai Municipality and she has misappropriated the amount to the tune of Rs.59,73,435/- (Rupees Fifty Nine lakhs and Seventy Three Thousand and Four Hundred and Thirty Five Only) from the pension account, GPF account and contributory pension account and the same was found out during local fund audit. The enquiry reveals that the petitioner misused the funds by issuing cheques in the individual name and misappropriated the amount. Hence, the complaint has been filed. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

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CRL OP(MD). No.14090 of 2020 4.The learned Government Advocate (Crl.Side) would submit that the petitioner is the sole accused. This is the third anticipatory bail application. He would further submit that there is no change of circumstances after dismissal of the earlier bail application in Crl.OP(MD)No.11711 of 2020 dated 04.11.2020. Further, the custodial interrogation of the petitioner is absolutely necessary and therefore, he opposed to grant anticipatory bail to the petitioner. 5.From the perusal of records, it is seen that this is the third application seeking anticipatory bail. The earlier bail application in Crl.OP(MD)No.11711 of 2020 was dismissed by this Court on dated 04.11.2020.

6.Taking into consideration of the fact that there is no change of circumstances after dismissal of the earlier bail application in Crl.OP(MD)No.11711 of 2020, this Court is not inclined to grant anticipatory bail to the second petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 04/12/2020 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 INSPECTOR OF POLICE DISTRICT CRIME BRANCH, KARUR.

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

ORDER

IN CRL OP(MD) No.14090 of 2020 Date :04/12/2020 dss JM/VR/SAR III/07.01.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2