Full bench dismissed a third anticipatory bail petition after finding no change in circumstances despite new property attachment, reaffirming that custodial interrogation remains necessary for unrecovered misappropriated funds.
Petition for anticipatory bail dismissed with no merits found.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Friday, the Sixth day of April Two Thousand Eighteen
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
CRL OP(MD) No.3899 of 2018
S.JESURAJ ... PETITIONER/ACCUSED
Vs
(REF.CRIME NO.1/2018) ... RESPONDENT/COMPLAINANT
For Petitioner : M/S.D.SHANMUGARAJA SETHUPATHI, Advocate
For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU,
Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 406, 408, 477(A) r/w. Section 120(B) IPC, in Crime No.1 of 2018, seeks anticipatory bail.
2.The petitioner was working as Senior Clerk in a Cooperative Society. He is alleged to have committed misappropriation of funds to the tune of Rs.17,58,454/-. The petitioner had earlier moved this Court on more than one occasion. This is the third https://hcservices.ecourts.gov.in/hcservices/ anticipatory bail petition. His second anticipatory bail petition in Crl.O.P.(MD)No.2229 of 2018 was dismissed on 13.02.2018 on the
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ground that the misappropriated amount has not yet been recovered and that custodial interrogation is necessary. When this Court has already given such a positive finding, this Court cannot consider the subsequent attachment of the property as claimed by the petitioner, as there is no change in circumstance, so as to grant the relief to him. Finding no merit, this Criminal Original Petition is dismissed.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE SUPERINTENDENT OF POLICE COMMERCIAL CRIME INVESTIGATION WING, O/O. DIRECTOR GENERAL OF POLICE, CHENNAI.
+1. CC to M/S.D.SHANMUGARAJA SETHUPATHI Advocate SR.No.5658
PK/RR-CSL/VK/11.04.2018 : 2P/5C
2 issues framed by the court
Whether anticipatory bail ought to be granted in view of earlier dismissal on substantive grounds.
Whether subsequent attachment of property changes circumstances to warrant bail.
1 provisions across 1 enactments
S.JESURAJ
THE SUPERINTENDENT OF POLICE
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
