R.Balaji v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 12/01/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN R.Balaji : Petitioner/Accused Rank Not known Vs.
State rep. By The Inspector of Police, Thillai Nagar Police Station, Trichy City, (Crime No.206 of 2021) : Respondent/Complainant For Petitioner : Mr.B.Prasanna Vinoth, Advocate For Respondent : Mr.SS.Madhavan Government Advocate(Criminal side) PETITION FOR ANTICIPATORY BAIL under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.206 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order:- The petitioner apprehending arrest at the hands of the respondent police for the alleged offences under sections 417, 420, 406, 468 and 471 of IPC, in Crime No.206 of 2021, seeks anticipatory bail.
2.The petitioner is facing the charges for the offences punishable under sections 417, 420, 406, 468 and 471 IPC. The petitioner is working as a Manager at the time of complaint. 3.As per the case of the de-facto complainant, the cheque leaf, which was given by her was misappropriated by the bank employee with the connivance of this petitioner and misappropriated a sum of Rs.19,95,160/- from his savings account.
4.During the course of investigation, A2 namely Paramasivan was arrested and during the course of confession statement, he has stated that he along with one Subarinathan and Surendran shared the amount, which is involved in the above said issue. He only forged the signature of the de-facto complainant. From him Rs.20,000/- was recovered and the balance amount could not be recovered. So taking note of the confession of the above said Paramasivam, the Principal District Judge, Trichy, has granted anticipatory bail to the 3rd accused namely Anuradha. Similarly anticipatory bail that was moved 1/3
by Sabarinathan was also allowed on 15/06/2021 in Crl.MP No.7626 of 2021.
5.According to the petitioner he joined duty in the above said Branch only on 19/05/2020. He was transferred from Madurai Branch. He was also directed to join the duty on 1st July 2020. According to him, the transaction is allegedly took place during the month of August 2019. During that time, he was at all working in the above said Branch.
6.As per the allegation made in the FIR, it is seen that this petitioner along with one Surenderan received unfilled cheque from the de-facto complainant for the purpose of closing the account. But during the course of investigation, as mentioned earlier, only Paramasivam admitted his involvement. Now the investigation is also underway.
7.Considering the above facts and circumstances of this case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.
8.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.IV, Tiruchirappalli and on his executing 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 Magistrate concerned and the petitioner shall appear before the respondent police once in 15 days at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. The petitioner 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 will stand dismissed.
sd/- 12/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUCHIRAPPALLI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI.
2/3
3 THE INSPECTOR OF POLICE THILLAI NAGAR POLICE STATION, TRICHY CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.PRASANNA VINOTH, Advocate ( SR-274[I] dated 19/01/2022 )
ORDER
IN CRL OP(MD) No.16115 of 2021 Date :12/01/2022 RS/PN/SAR.2(20.01.2022) 3P-6C 3/3