BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of July Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.8700 of 2011 P.VIJAYARAJAN ..PETITIONER/SOLE ACCUSED -Vs- THE STATE REP.BY THE INSPECTOR OF POLICE THENI POLICE STATION, THENI DISTRICT. CRIME NO.347 OF 2011. ..RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ANAND 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 petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence punishable under Section 406 of IPC, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner was charged under Section 406 of IPC in Crime No.347 of 2011 stating that when the petitioner was working as a Manager in Shriram Transport Finance Company Limited at Theni, he collected money to the tune of Rs.1,01,000/- from the subscriber and not deposited the collected amount to the company and misappropriated the same. The learned counsel appearing for the petitioner would submit that during the relevant period, he has tendered his resignation and hence, there is no question of misappropriation of money and a false case has been foisted against him. Hence, he come forward with this application 3.The learned Additional Public Prosecutor would submit that during the relevant time, the petitioner was working as a Filed Officer and he collected money from the borrower, who availed loans from the Theni Branch. He further submitted that the petitioner has not deposited the amount collected and hence, he misappropriated the amount to the tune of Rs.1,01,000/-. A complaint has been given on 08.06.2011 and investigation is in earlier stage. Hence, he prayed for the dismissal of this application. 4.Considering the rival submissions made on both sides, since the petitioner was working as a Field Officer in Shriram Transport https://hcservices.ecourts.gov.in/hcservices/ Finance Company Limited at Theni, collected the money from the borrowers, who were availed loans from the Theni Branch. Even though the learned counsel for the petitioner would submit that the petitioner has tendered his resignation during that period, no supporting document has been filed. Since it is the case of misappropriation of Rs.1,01,000/-, no prejudice would be caused, if the petitioner is directed to deposit Rs.1,01,000/- to the Company. On such deposit is made within a period of 3 weeks the petitioner is entitled for anticipatory bail. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Theni and 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 learned Magistrate concerned and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. 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 25 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 14/07/2011 (*)Corrected order issued as per order of this Hon'ble Court dated 11.08.2011 by RMJ / TRUE COPY / Sub-Assistant Registrar (C.S.) TO To be substituted to the order already despatched 1 THE JUDICIAL MAGISTRATE, THENI. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE,THENI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE THENI POLICE STATION, THENI DISTRICT. +1. CC to M/S. R.ANAND Advocate SR.No.27339 akm/18.07.11 /2p-6c/ ORDER IN CRL OP(MD) No.8700 of 2011 Date :14/07/2011 ssk/11.08.2011 /6c -2p/- https://hcservices.ecourts.gov.in/hcservices/