J. Premalatha v. The Inspecor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.8084 of 2016 J. PREMALATHA ... PETITIONER/ACCUSED No.1 Vs THE INSPECOR OF POLICE COMMERCIAL CRIME INVESTIGATION WING, TRICHY DISTRICT.(CR NO.4/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S V.NAGENTHRAN Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 408, 409, 418, 420, 468, 471 and 477(A) of IPC, in Crime No.

4 of 2016, on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the accused conspired together with other accused sanctioned the loan for some fake jewels pledged by the customers and caused loss to the Central Co-operative Bank for a sum of Rs.21,78,639/-. On complaint, case has been registered for the above said offences.

3.The case of the petitioner is that the petitioner is an innocent and she has not committed any offence as alleged by the prosecution. The petitioner was working a Manager in the Bank and her duty is to sanction the loan within her limit based on the report of the appraiser and other staff. On coming to know the fraud committed by A2 the jewel appraiser, she written a letter to the General Manager to initiate action against the jewel appraiser A2 and sought permission to give complaint against A2. She is a respectable lady in the society and if she is granted anticipatory bail she will abide any condition imposed by this Court. 4.The learned Government Advocate (Crl.side) submitted the petitioner is in-charge of the Branch Manager and she failed to perform her duty property and due to dereliction of duty and she colluded together with other accused caused loss to the Bank. Investigation is pending. Petitioner was suspended from service and https://hcservices.ecourts.gov.in/hcservices/

the Bank initiated the Disciplinary Proceedings against the petitioner.

5.Considered the rival submissions.

6.It is seen that the allegation against the petitioner is that she failed to perform her duty as Branch Manager and caused loss to the Bank.

7.Considering the facts and circumstances of the case and also considering the fact that the petitioner has written a letter to the General Manager to take action against A2 jewel appraiser, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.I, Trichy and on 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 on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m., and 5.00 p.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8. 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 stands dismissed.

sd/- 16/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE-I, TRICHY 2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE INSPECTOR OF POLICE COMMERCIAL CRIME INVESTIGATION WING, TRICHY DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S V.NAGENTHRAN Advocate SR.No.30899 ORDER IN CRL OP(MD) No.8084 of 2016 Date :16/06/2016 Am SH/NGM-MP/SAR-I:20.06.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/