Wasington v. The Inspector Of Police

CRL OP(MD). No.14180 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.14180 of 2021 Wasington ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, District Crime Branch, Ramanathapuram, Ramanathapuram District.

Crime No.31/2021 ... Respondent/Complainant For Petitioner : M/S.K.ABIYA, Advocate.

For Respondent : Mr.A.THIRUVADI KUMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 31 of 2021 on the file of the respondent Police ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent Police, for the offence punishable under Sections 409 and 420 IPC, in Crime No.31 of 2021 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner, who is working as Assistant Branch Manager in the Bank of India, Mandapam Branch, has illegally transferred a sum of Rs.98 lakh to his wife's account and also transferred that amount to various persons from his wife's account. Hence, the complaint.

3.The learned counsel for the petitioner submits that the petitioner has repaid the amount of Rs.98 lakh to the Bank. Hence, he prayed for grant of anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor opposed for grant of anticipatory bail on the ground that apart from this case, the petitioner is also involved in another case in Cr.No.384 of 2021 for the offence under Section 399 IPC, on the file of the Kovilpatti Police Station.

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CRL OP(MD). No.14180 of 2021 5.Though it is claimed by the learned counsel for the petitioner that the petitioner has repaid the entire amount of Rs.98 lakh to the Bank, no document has been placed before this Court to substantiate the same.

6.Considering the gravity of offence, antecedent of the petitioner and since the petitioner has not produced any documentary evidence to prove that he has repaid the entire amount of Rs.98 lakh to the Bank, this Court is not inclined to grant anticipatory bail to the petitioner.

7.In the result, the Criminal Original Petition is dismissed. sd/- 07/10/2021 / 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, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

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

+1 cc to M/S.K.ABIYA, Advocate, SR.No.7120

ORDER

IN CRL OP(MD) No.14180 of 2021 Date :07/10/2021 SA/JM/SAR.2/25.10.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2