BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11067 of 2011 AYYAPPAN : PETITIONER/SOLE ACCUSED Vs. THE STATE REP.BY THE INSPECTOR OF POLICE CUMBAM NORTH POLICE STATION, THENI DISTRICT,. CRIME NO.225/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. N.RANJITH Advocate For Respondent : Mr. A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 406 of I.P.C. in Crime No.225 of 2011 on the file of the respondent police and hence seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner is working as appraiser in Indian Bank, Cumbam Branch. He further submitted that while the petitioner appraising gold jewels, he taken away 213 grams of gold and after that he returned the same. However, a case has been registered against the petitioner and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that while the petitioner apprising gold jewels, he taken away 213 grams of gold and hence a complaint has been given on 05.08.2011 then only, the petitioner has returned the same by way of courier. He further submitted that investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides and also considering the fact that while the petitioner appraising gold jewels, he taken away 213 grams of gold and after the registration of the case on 05.08.2011, the petitioner has returned the same by way of courier and even though, the petitioner was not arrested neither he interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Uthamapalayam and on execute 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 report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6. 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/- 05/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, CUMBAM NORTH POLICE STATION, THENI DISTRICT. +1 CC to M/S. N.RANJITH Advocate SR.No.29840 ORDER IN CRL OP(MD) No.11067 of 2011 Date :05/09/2011 NSV/7.9.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/