BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13892 of 2011 GANAPATHY : PETITIONER/ACCUSED NO.1 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT. CR.NO.30 OF 2008 : RESPONDENT/COMPLAINANT For Petitioner : M/S. M.MAHARAJA Advocate For Respondent : Mr. K.S.DURAIPANDI Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for offences under Sections 406, 409, 463 and 420 of the Indian Penal Code in Crime No.30 of 2008, the petitioner is before this Court seeking anticipatory bail. 2. According to the case of prosecution, the petitioner was the President of Vellakevi Panchayat. When the accounts were scrutinized by the officials, it was found that a sum of Rs.4,48,640/- had been fraudulently withdrawn from the Panchayat accounts. On the complaint preferred by the Block Development Officer, the present case has been registered. 3. The learned counsel for the petitioner would bring to my notice a counter affidavit filed by the Block Development Officer, Panchayat Union, Kodaikanal, in W.P.(MD).No.5326 of 2008. The said writ petition has been filed by the petitioner challenging the proceedings of the Block Development Officer. In Paragraph No.19 of the said counter, the Block Development Officer has stated as follows: 'The 2nd respondent has contacted the Branch Manager, Union Bank of India, Kodaikanal, where Vellakavi Panchayat's accounts are maintained and all transactions are scrutinized and found that a sum of Rs.4,48,640/- is swindled fraudulently by the vice-president and panchayat clerk forging the signatures of petitioner and Block Development Officer (Village Panchayats), without any Nominal Muster Roll, bill etc., following this, the second respondent has lodged a police complaint in Kodaikanal Police Station and a criminal case is registered and case is still pending.' https://hcservices.ecourts.gov.in/hcservices/ 4. In view of the above assertion made by the Block Development Officer in the counter affidavit that a sum of Rs.4,48,640/- was swindled fraudulently by the Vice-President and Clerk of the Panchayat, I am of the view that the petitioner is entitled for anticipatory bail. 5. In Paragraph No.22 of the counter, it has been stated that after the criminal case was registered, the Vice-President and the clerk have remitted the entire amount of Rs.4,48,640/- to the Panchayat Union account. 6. In view of the above, I am inclined to grant anticipatory bail to the petitioner but with conditions. 7. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Kodaikanal on 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police every day at 10.30 a.m., for a period of four weeks. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. Sd/- 31/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, KODAIKANAL. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT. +1 CC to M/S. M.MAHARAJA Advocate SR.No.37159 ORDER IN CRL OP(MD) No.13892 of 2011 Date :31/10/2011 NSV/1.11.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/