BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.7572 of 2011 SHANMUGASUNDARAM ... PETITIONER/ACCUSED NO.2 Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THOOTHUKUDI, CRIME NO.26/2011 ... RESPONDENT/COMPLAINANT GUNASEKARAN .. INTERVENER For Petitioner : M/S.C.MAYIL VAHANA RAJENDRAN Advocate For Respondent : MR.A.RAMAR, Govt. Advocate ( Crl. Side) For Intervener : Mr.N.MOHIDEEN BASHA, ADVOCATE PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused No.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406,468,471 and 420 of IPC on the file of the respondent in Crime No.26 of 2011 and hence seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that the defacto complainant has given a complaint stating that he pledged his jewels in Muthoot Finance, Tuticorin on various dates and when the defacto complainant approached for redemption of jewels, he came to know that the petitioner and others redeemed the jewels. He further submitted that the alleged occurrence took place during 14.7.2010 and 13.6.2011 and investigation is considerably over and hence, he apprehends arrest and he come forward with this application. Hence, he prays for enlargement on anticipatory bail. 3. The learned counsel for the intervener submitted that the defacto complainant is doing fish commission agent and because of his business purpose, he has pledged his jewels and when the defacto complainant approached the finance to redeem the jewels, he was unable to redeem the jewels and he was informed that already the jewels were redeemed by the petitioner and he was forced to give complaint and he further submitted the case has been registered under Sections 406,468,471 and 420 of IPC and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. The learned Additional Public Prosecutor (Crl.Side) would submit that 2 kg and 284.1 grams of jewels was pledged for Rs.43 lakhs by the defacto complainant and when the defacto complainant approached the Finance for redemption of jewels at the time he was informed that the jewels were already redeemed by the accused and investigation is going on and interrogation of the petitioner is necessary and hence he prays for dismissal of this application. 5. Considering the rival submissions made by both sides, it could be seen that the petition is filed by A2 and A1 is none other than the Manager of Muthoot finance and the defacto complainant has pledged his jewels for business purpose and when he approached for redemption of jewels, he came to know that the jewels had already been redeemed by the petitioner with the help of the Manager and the complaint has been given on 30.06.2011. If only the accused are arrested and police custody is taken the jewels could be recovered from them and the investigation is at the earlier stage and considering the gravity of offence i.e. the amount involved is 43 lakhs and the weight of the jewels to be recovered is 2 kg and 284.1 grams, in such circumstances interrogation of the petitioner is necessary hence, I do not find any merit in this application and the same is dismissed. sd/- 09/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THOOTHUKUDI. 2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.C.MAYIL VAHANA RAJENDRAN Advocate SR.No.26732 SR : 12.08.2011 : 2p/4c ORDER IN CRL OP(MD) No.7572 of 2011 Date :09/08/2011 https://hcservices.ecourts.gov.in/hcservices/