T. Chandramohan v. The Assistant Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated : 12/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. T.Chandramohan,

2. Vadhana

3. Krishnamoorthy ... Petitioners/Accused Rank Not Known Vs

1. The Assistant Superintendent, Of Police, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Soolakarai Police Station, Virudhunagar (Crime No. Of 2019).

... Respondents/Complainants N.Aanandavel ... Petitioner / Intervenor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No. of 2019 on the file of the Respondent Police.

MR. S. Parthasarathy, for For Petitioners : M/s. N.Mohideen Basha, Advocate.

For Respondents : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervenor : Mr.Veerakathiravan, Senior Counsel for Mr.G.Mariappan.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondents.

2. The petitioners are figuring as accused Nos.3, 4 and 5. The defacto complainant is an educational trust. Their specific allegation is that a huge sum of money has been sanctioned from the 1/3

trust account and that the petitioners herein have played a major facilitatory role. Hence, Crime No.260 of 2019 came to be registered for the offences under Sections 406, 408, 420, 465, 467, 468 and 471 of I.P.C.

3. The learned counsel appearing for the petitioners submitted that they would directly pay a sum of Rs.12,35,000/-(Rupees Twelve Lakhs and Thirty Five Thousand only) to the account of the complainant trust. The learned counsel appearing for the intervenor stated that in such an event, they would not press their claim against the petitioners herein and the petitioners herein shall then be treated as prosecution witnesses. The petitioners are given one month time to make the said payment.

4. Subject to this condition, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.2, Virudhunagar District, and on their executing a bond each 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 on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The petitioners 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 petition for anticipatory bail shall stand dismissed.

6. In the event of non-compliance of the condition now imposed in this order, the Criminal Original petition stands dismissed automatically. The Criminal Original petition stands allowed, on these terms.

sd/- 12/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.2, VIRUDHUNAGAR DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR. 2/3

3. THE ASSISTANT SUPERINTENDENT, OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

4. THE INSPECTOR OF POLICE, SOOLAKARAI POLICE STATION, VIRUDHUNAGAR

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

+1CC TO MR.N.Mohideen Basha, Advocate Sr. No. 15340 +1CC TO MR.G.MARIAPPAN, Advocate Sr. No. 15289

ORDER

IN CRL OP(MD) No.12072 of 2019 Date : 12/09/2019 TR/PN/SAR-II (17.09.2019) 3P 8C 3/3