BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of December Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S. TAMILVANAN CRL OP(MD) No.15670 of 2011 1 G.SAMINATHAN 2 KARUNANITHI 3 MANICKAM 4 D.RAJENDRAN 5 RAVICHANDRAN 6 USHA RANI 7 A.DHARMALINGAM 8 D.ARULSELVI ...PETITIONERS/ACCUSED NOS.7, 27, 28, 30 TO 34 Vs STATE, REPRESENTED BY THE INSPECTOR OF POLICE, C.C.I.W., POLICE STATION, THIRUVARUR, THIRUVARUR DISTRICT. CRIME NO.2/2011 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.A.THIRUVADIKUMAR ADVOCATE FOR RESPONDENT : MRK.S.DURAIPANDIAN GOVT. ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL UNDER SEC. 438 CR.P.C. ORDER : THE COURT MADE THE FOLLOWING ORDER :- Heard the learned counsel appearing for the petitioners/accused as well as the learned Additional Public Prosecutor appearing for the respondent. 2.The petitioners, who are arrayed as accused facing charges for the alleged offences punishable under Sections 408, 409, 467, 468, 471, 477 (A) r/w. 120(b) I.P.C. in Crime No.2 of 2011, on the file of the respondent police, have come forward with this application, seeking anticipatory bail under Section 438 Cr.P.C. 3.It is an admitted fact that the petitioners are the members in Z- 796, Vadakarai Alathur Primary Agricultural Co-operative Society and they obtained loan from the said Co-operative Society. 4.As per the prosecution case, the first petitioner/A7 herein has obtained a loan of Rs.18,153/- in Loan No.218/04.09.2001, which is available in the typed-set of paper and the 4th petitioner/A30 has obtained a loan of Rs.34,077/-. As per the allegations levelled against them, they produced bogus documents for the purpose of getting loan. So far as the other petitioners, who are arrayed as A28 and A30 to A34, they have obtained loan from the Co-operative Society without producing sufficient supporting documents and some of them stood as guarantors. As https://hcservices.ecourts.gov.in/hcservices/ contented by the learned counsel for the petitioners that so far as the petitioners 2, 3 & 5 to 8 are concerned, there is no specific allegations as against them and to show that they had fraudulently obtained the loan from the Co-operative Society by producing any forged of fabricated documents. 5. Learned Additional Public Prosecutor appearing for the respondent has not disputed the fact that there is no bad antecedents against the petitioners herein. 6. Considering the facts and circumstances of the case and also considering the fact that there is no bad antecedents against the petitioners, I find it just and reasonable to grant anticipatory bail to the petitioners on condition that the petitioners 1 & 4 shall deposit a total sum of Rs.52,230/- (Rupees Fifty Two Thousand Two Hundred and Thirty only) to the credit of the case in Crime No.2 of 2011 before the District Munsif cum Judicial Magistrate, Papanasam, without prejudice the claim of both the parties, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same and accordingly the petitioners shall be released on bail in the event of arrest or on their appearance before the District Munsif cum Judicial Magistrate, Papanasam and on executing a personal 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 petitioners 6 & 8 being women shall appear before the respondent police as and when required for interrogation and the petitioners No.1 to 5 & 7 shall appear before the respondent police daily at 10.30 a.m until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7. 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 shall stand dismissed. sd/- 09/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PAPANASAM. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THIRUVARUR. 3 THE INSPECTOR OF POLICE, C.C.I.W., POLICE STATION, THIRUVARUR, THIRUVARUR DISTRICT. 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +2 CC TO M/S.A.THIRUVADIKUMAR, ADVOCATE SR.NO.43096 & 43218. ORDER IN CRL OP(MD) No.15670 of 2011 Date :09/12/2011 2P/7C RPB : 14.12.2011 https://hcservices.ecourts.gov.in/hcservices/