IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.02.2008 CORAM THE HON'BLE MR.JUSTICE T. SUDANTHIRAM Crl. O.P. No.75 of 2008 ORDER The petitioner, who was arrested on 02.12.2007 for the alleged offence punishable under Section 409 IPC in Crime No.67 of 2005, on the file of the respondent Police, seeks bail. 2. The learned counsel for the petitioner submitted that the petitioner is an Armed Reserve Police Constable and who was working as a Writer in the III Platoon 'A' Company, Chennai, is made as a Scapegoat and he is in prison from 01.12.2007. 3. The learned counsel for the petitioner further submitted that there is no material to implicate him in this case, but though the First Information Report reveals the involvement of other persons, i.e., one Sub Inspector of Police, Pasumadevan and other Constables, they haev not been made as accused, but only this petitioner is made as an accused. 4. The learned Government Advocate submits that a fixed deposit for a sum of Rs.6 lakhs which was issued by the Tamil Nadu Power Finance and Infrastructure Development Corporation Limited, matured on 25.02.2005 and when it was deposited for renewal, it was informed that the deposit was already closed on 03.04.2003 itself and cheque was also issued for a sum of Rs.6,32,737/-. An enquiry was conducted by the Deputy Commandant, TSP, Regimental Center, Avadi, Chennai 54, and concluded that the petitioner might have committed the offence and on the basis of his report, complaint was given by Commandant and the First Information Report was registered. 5. This Court perused the copy of the First Information Report and also the case diary. In the report of the Deputy Commandant, Mr.G.Purushothaman, absolutely no reason is given for his conclusion that the petitioner might have committed this offence. On the other hand, as per the report, one M.Pasumathevan, Sub Inspector of Police received cheque bearing No.321435 dated 03.04.2003 drawn on Vijaya Bank, Egmore Branch was given to him who had been the bearer of the deposit receipt and the report further says that the amount was transferred to State Bank of India, Avadi infavour of Karagam Fund Account, V Bn., and the amount was withdrawn in eight instalments in names of various Constables as bearers of the cheque from 03.04.2003 to 04.01.2004. Though as per the report of the Deputy Commandant, the statement of five witnesses are enclosed, this Court could peruse only the statement given by the Inspector by name Baby before the Deputy Commandant. On a perusal of the statement of witnesses recorded by the Sub-Inspector of Police, Central Crime Branch, this court is not able to find out any direct material connecting this petitioner with the alleged offence. The confession statement said to have been given by the petitioner to the Sub Inspector of Police is also exculpatory in nature, which also shows the involvement of other persons in the alleged offence. 6. This Court is not satisfied with the progress of the present investigation. It appears that the Sub Inspector, who is conducting the investigation in this case is not able to go deep into this matter and examine all the connected persons. The Narayanasamy S.O., Pasumadevan S.I and eight Constables in whose names the money was withdrawn have not been so far examined. This is a very serious matter wherein it appears that number of persons were involved in misappropriating the amount of fixed deposit. Neither the involvement of other persons is excluded by the present Investigating Authority nor they are added as accused. 7. The Commissioner of Police is directed to appoint any Inspector of Police to investigate this matter under the Supervision of Assistant Commissioner of Police and to take all necessary steps in the process of investigation and to expedite the investigation. 8. Considering the facts and circumstances of the case, the petitioner is ordered to be released on bail on condition that the petitioner 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 Judicial Magistrate-I, Poonamalle, and on condition that the petitioner shall appear before the respondent/police daily at 10.00a.m until further orders. ksr