BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday,the Twenty Eighth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12987 of 2011 1 DR. R.M. NAFEESHABHANU 2 DR. T. YOGA 3 A. SUNDARAPANDIAN 4 A. SHAJAHAN 5 A. THAINEESH ... PETITIONER(S) / ACCUSED 1, 2, 4, 5 AND 3 Vs STATE REP BY:: THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, SIVAGANAGAI DT CR NO. 27/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. M.MOHANASUNDARAM 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 petitioners/Accused Nos.A1,A2,A4,A5 and A3 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 406 and 409 IPC, in Crime No.27 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned Counsel for the petitioners would submit that A1 and A2 are the Doctors in the Primary Health Centre at Kallal, Karaikudi Taluk, Sivagangai District. A3 is a petty shop owner; A4 is a driver of the Primary Health Centre; A5 is the Health Inspector. He further submits that during the period 2009-2010 under the project called "Varumun Kappom" the petitioners are alleged to be conducted a health camp in 13 places as if A1 and A2 were collected Rs.500/- per day as allowance and caused a loss to the Government Rs.71,000/-. A3 is a petty shop owner who has given a bogus receipts stating that he supplied the foods and tender coconut to the patients. A4 is a driver. All the alleged persons colluded and caused a loss to the exchequer to the tune of Rs.71,000/- and the false complaint was given only on 22.09.2011 and hence they apprehend arrest and hence they prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that the first and second petitioners are the Doctors who are working in the Government Primary Health Centre, Sembanur, A3 is a petty shop owner; A4 is a driver; A5 is the Health Inspector. In the project "Varumun Kappom" the petitioners alleged to be conducted the Health Camp in thirteen places but the expenses made out by the https://hcservices.ecourts.gov.in/hcservices/ President of the village Panchayat but the petitioners herein created the documents and taken away a sum of Rs.71,000/- from the Government account and hence the case has been registered on 22.09.2011 and the investigation is going on and hence he prays for dismissal of this application. 4.Considering the rival submissions made on both sides,it is seen that the alleged complaint given only on 22.09.2011, and the occurrence took place in the year 2009-2010 under the implementation of project "Varumoon Kappom" the petitioners A1 and A2 with the help of A3 has conducted the health camp in thirteen places. But as per the averment the Village Panchayat has incurred all the expenditure for this medical camp, whereas A1 and A2 received the travelling allowance of Rs.5,500/- and A3 given a documents stating that he has supplied the foods and coconut thunder to the patients and A4 and A5 binding the same. Admittedly, there is a delay in preferring the complaint since the cause of loss of Rs.71,000/-. Even though the case has been registered on 22.09.2011 and even though the petitioners were not arrested they neither interfered with the investigation nor absconded from the jurisdiction so I am inclined to grant anticipatory bail to the petitioners on condition that the petitioners namely A1,A2 and A5 shall deposits a sum of Rs.25,000/- each (Rupees Twenty Five Thousand Two Hundred only) to the credit of Crime No.27 of 2011 on the file of the learned Judicial Magistrate No.I, Sivagangai, and on receipt of the same, all the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.I, Sivagangai, and each of them 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 Judicial Magistrate concerned and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 5. The petitioners 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/- 28/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.I, SIVAGANGAI 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, SIVAGANGAI DISTRICT 1CC to M/S. M.MOHANASUNDARAM Advocate SR.No.33721: DM::2011:OCTOBER:::03:: ORDER IN CRL OP(MD) No.12987 of 2011 2P:6C:; Date :28/09/2011 https://hcservices.ecourts.gov.in/hcservices/