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.14164 of 2011 CHIDAMBARAM : PETITIONER/ACCUSED NO.6 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, SIVAGANGAI. CRIME NO.27/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.DEENADHAYALAN 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 alleged offences under Sections 406 and 409 I.P.C in Crime No.27 of 2011 on the file of the respondent police, the petitioner has come up with this petition seeking anticipatory bail. 2. According to the case of prosecution, the petitioner is working in Health Department of the Government. It is stated that without conducting medical camp, the petitioner and the other Medical Officers had swindled the public money to the tune of Rs.92,000/-. 3. It is brought to the notice of this Court that the complainant is not the Government. But, a political person has preferred a complaint under Section 156 Cr.P.C and the same was referred to by the learned Jurisdictional Magistrate to the police. It is on the said complaint, the present case has been registered. 4. In my considered opinion, so long as it is not explained to this Court as to how a totally a third party comes to know about the https://hcservices.ecourts.gov.in/hcservices/ alleged misappropriation, I cannot hold that there is a strong prima facie case against the petitioner. Further, the Government have not preferred any complaint for the alleged misappropriation. 5. In such view of the matter, I am inclined to grant anticipatory bail to the petitioner, but with conditions. 6. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Karaikudi 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 as and when required for interrogation. 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, KARAIKUDI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSEPCTOR OF POLICE, DISTRICT CRIME BRANCH, SIVAGANGAI. +1 CC to M/S. S.DEENADHAYALAN Advocate SR.No.37176 ORDER IN CRL OP(MD) No.14164 of 2011 Date :31/10/2011 NSV/1.11.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/