BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of April Two Thousand Eleven PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) No.3605 of 2011 VIJI KUMAR ..PETITIONER/SOLE ACCUSED Vs. THE STATE REP.BY THE SUB INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TUTICORIN DISTRICT. CR NO. 1/2011 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.K.P.NARAYANA KUMAR Advocate For Respondent : MR.L.MURUGAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused and apprehending arrest at the hands of the respondent police for the alleged commission of offences punishable under Sections 408, 419, 467, 468, 472 and 473 I.P.C. in Crime No.1 of 2011 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the de-facto complainant is a company and it is having an office at Tuticorin and the operations were exclusively handled by the petitioner/accused, who was an accountant. It is further alleged that the internal audit were carried out, during the period between January 2009 and May 2010, the cheques were present without any authorization and found that the the signatures, who were the authorized signatories, were forged and a sum of Rs.3,28,844/- was withdrawn. 3.The learned counsel appearing for the petitioner would submit that since he got a job opportunity in another company and he has submitted his resignation and also requested the de-facto complainant to accept the resignation and settled his amounts and since it was not succeed, he made a demand and aggrieved by the same, the de-facto complainant/company has lodged a false complaint. It is further https://hcservices.ecourts.gov.in/hcservices/ submitted by the learned counsel for the petitioner that the de-facto complainant also filed a suit in O.S.No.1 of 2011 on the file of the learned Sub-Judge, Tuticorin for recovery of the said amount with interest and cost and hence, he prays for anticipatory bail. 4.The learned Government Advocate (Crl.side) would submit that the de-facto complainant has already filed a civil suit and the investigation is pending. 5.This Court taking into consideration of the facts and circumstances of the case, is inclined to grant anticipatory bail to the petitioner with certain conditions. 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.I, Tuticorin and shall 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 appear before the respondent police daily at 11.00 a.m. for a period of four weeks and thereafter as an when required for interrogation. 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/- 08/04/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, TUTICORIN. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE SUB INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TUTICORIN DISTRICT. +1. CC to M/S.K.P.NARAYANA KUMAR Advocate SR.No.13113 akm/11.04.11 /2p-6c/ ORDER IN CRL OP(MD) No.3605 of 2011 Date :08/04/2011 https://hcservices.ecourts.gov.in/hcservices/