Madras High CourtCRL OP(MD)/18022/2022dismissed

Jancy Chandrakanda Gnanabai v. The Inspector Of Police

2022-10-07Honourable Mrs Justice T.V.Thamilselvi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Jancy Chandrakanda Gnanabai ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, CCIW Police Station, Thoothukudi, Cr No.2/2021.

... Respondent/Complainant For Petitioner : M/s.Ebenezer T.A., Advocate.

For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.2/2021 on the file of the respondent police.

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

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 408, 409, 120(B) of I.P.C., in Crime No. 2 of 2021 on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that the petitioner and the first accused are the officers in Co-operative Society and they have misappropriated the fund of Society to the tune of Rs.2,03,700. 4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

5.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that this is the second application of the petitioner and after conducting enquiry, it was revealed that 1/2

the accused had committed misappropriation and opposed to grant of anticipatory bail to the petitioner.

6.Considering the nature of offence and the quantum of amount involved in this petition, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 07/10/2022 / TRUE COPY / /10/2022 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, CCIW POLICE STATION, THOOTHUKUDI, 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

1 THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, B SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.18022 of 2022 Date :07/10/2022 ta/myr SA/SVR/SAR.1/11.10.2022/2P/5C 2/2

... Respondent/Complainant For Petitioner : M/s.Ebenezer T.A., Advocate.

ORDER : The Court made the following order :- The Registry is directed to call for a report from the learned Judicial Magistrate No.II, Tirnelveli as to how bail was granted to the first and third accused in Crime No.2 of 2021 without appreciating the records and medical reports of the first and third accused and when the quantum of amount is more than Rs.2 crores, without any stringent conditions.

2.The learned Judicial Magistrate No.II, Tirunelveli is directed to explain the factual reasons for granting anticipatory bail.

3.The said report shall be filed before Me within a period of two weeks from the date of receipt of a copy of this order. sd/- 07/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.II, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, CCIW POLICE STATION, THOOTHUKUDI, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

1 THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SECTION OFFICER, B SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.18022 of 2022 Date :07/10/2022 (2/2) ta/myr SA/SVR/SAR.1/11.10.2022/2P/8C 2/2