BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of July Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.8782 of 2011 A.ALBERT VICTOR ..PETITIONER/ACCUSED NO.6 Vs. STATE BY THE INSPECTOR OF POLICE CCIW, CID, DINDIGUL, DINDIGUL DISTRICT. ( CRIME NO.1 OF 2011 ) ..RESPONDENT/COMPLAINANT For Petitioner : M/S. D.SELVARAJ 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 Sections 408 and 477 (A) of I.P.C. in Crime No.1 of 2011 on the file of the respondent police and hence seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that a case has been registered against the petitioner for the falsification of records and misappropriation of amount, in connection with the materials of the empty gunny bags, to the tune of Rs.5,65,504.92 (Rupees Five Lakhs Five Thousand Five Hundred and Four and ninety two paisa only). He further submitted that the said amount has already been paid by the petitioner. A1 to A5 were already arrested and enlarged on bail and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that there are totally nine accused and A1 to A5 were already arrested and enlarged on bail, this petitioner is A6. 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 a case has been registered against the petitioner for the falsification of records and misappropriation of amount, in connection with the materials of the empty gunny bags, to the tune of Rs.5,65,504.92 (Rupees Five Lakhs Five Thousand Five Hundred and Four and ninety to paisa only) and the said misappropriate amount has been paid and A1 to A5 were already arrested and enlarged on bail. Even though the petitioner was not arrested neither he tampering the witnesses nor absconding 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 arrest or on his appearance before the learned Judicial Magistrate No.III, Madurai 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/- 15/07/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.III, MADURAI. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE CCIW, CID, DINDIGUL, DINDIGUL DISTRICT. +1. CC to M/S. D.SELVARAJ Advocate SR.No.23149 akm/18.07.11 /2p-6c/ ORDER IN CRL OP(MD) No.8782 of 2011 Date :15/07/2011 https://hcservices.ecourts.gov.in/hcservices/