1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9807 of 2011 VEERAPPAN ... PETITIONER/ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE KARAIKUDI NORTH CRIME POLICE STATION, ( CRIME NO.222 OF 2011 ), KARAIKUDI, SIVAGANGAI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. C.PALAIVELRAJAN Advocate For Respondent : MR. A.RAMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as an accused and he was arrested and remanded to judicial custody on 24.05.2011 for the alleged offence punishable under Sections 409 and 420 IPC., in Crime NO.222 of 2011 on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner would submit that the petitioner is an innocent person and a false case has been foisted against the petitioner under Section 409 and 420 IPC. He would further submit that the alleged occurrence has been taken place on 23.05.2011 and the complaint has been given immediately and the petitioner was arrested on 24.05.2011 and remanded to judicial custody. He would further submit that even though it is the case of the prosecution that the petitioner has withdrawn the amount of another customer's account to the tune of Rs.1,15,000/- he already paid Rs.50,000/- and he has filed the challan to that effect and only Rs.1,15,000/- is balance and the investigation is considerably over. He would further submit that the earlier application was dismissed as withdrawn and hence, he has come forward with the present application and prayed for enlargement on bail. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Heard the learned Additional Public Prosecutor, who would submit that the petitioner is a clerk in the Indian Overseas Bank and while, he was working in the Bank, eh has misappropriated a sum of Rs.1,65,000/- from the account of one Alagamai using the withdrawal slip. 4.Considering the facts and circumstances of the case and also considering the fact that even though, the petitioner has misappropriated as sum of Rs.1,65,000/- from the customer viz., Alagamai, as per the challan filed by the petitioner, he has already paid a sum of Rs.50,000/- and hence the balance amount is only Rs.1,15,000/- and since the petitioner is in custody from 24.05.2011, I am inclined to grant bail to the petitioner. 5.Accordingly, the petitioner is ordered to be released on bail, subject to the following stringent conditions:- (i)The petitioner shall deposit a sum of Rs.1,15,000/- to the credit of Crime No.222 of 2011, before the learned Judicial Magistrate, Karaikudi; (ii)On such deposit, the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for alike sum to the satisfaction of the learned Judicial Magistrate, Karaikudi; and (iii)The petitioner shall report before the learned Judicial Magistrate, Karaikudi, daily at 10.30 a.m., until further orders. sd/- 05/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI 2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 4 THE INSPECTOR OF POLICE, KARAIKUDI NORTH CRIME POLICE STATION KARAIKUDI, SIVAGANGAI DISTRICT. 5 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. ARUN @ ARUNACHALAM Advocate SR.No.26441 ORDER IN CRL OP(MD) No.9807 of 2011 Date :05/08/2011 TR : 05.08.2011: 2p/7c https://hcservices.ecourts.gov.in/hcservices/