Syed Mohammed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.18671 of 2021 Syed Mohammed ... Petitioner/Accused No.4 Vs State rep.by The Inspector of Police, DCB, Virudhunagar, Virudhunagar District.

(Crime No.21 of 2021).

... Respondent/Complainant For Petitioner : Mr.Ajmalkhan, Advocate for M/s.Ajmal Associates, For Respondent : Mr.Mmuthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.21 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120-B, 408, 420 IPC, in Crime No.21 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused misappropriated more than 28.10 lakhs from the Government Account, which was meant for the compensation awarded to the victim in road accident as well as the legal heirs of the deceased persons. Based upon the complaint given by the Additional District Judge, Virudhunagar, the complaint has been registered.

3.When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that the first accused was subsequently arrested and he was released on statutory bail and that the other accused have already deposited the entire amount of Rs.54,00,000/- to the credit of Additional District Judge, Virudhunagar.

4.The learned Government Advocate (Criminal Side) would submit that the entire amount has already been deposited. 5.It is evident from the records that this Court, vide order dated 10.01.2022, has granted interim anticipatory bail to this petitioner for a period of two months, while dismissing the anticipatory bail applications of the other accused. 6.Considering the facts and circumstances of the case and also the fact the entire amount has already been deposited and that the petitioner is not having any bad antecedents, the order of this Court dated 10.01.2022 is made absolute.

Sd/- 20/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS 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 JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE INSPECTOR OF POLICE, DCB, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.AJMAL ASSOCIATES Advocate SR.No.20034

ORDER

IN CRL OP(MD) No.18671 of 2021 Date :20/04/2022 SP/SVR/SAR II/26/04/2022/3P/6C