The Madras High Court dismissed an anticipatory bail petition under Cr.P.C. Section 438. The petitioner, an accused in cases involving misappropriation of Rs. 10 lakhs, was denied bail as custodial interrogation was deemed absolutely necessary to recover the funds.
Petition for anticipatory bail is dismissed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Friday, the Twenty Seventh day of April Two Thousand Eighteen
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
CRL OP(MD) No.7172 of 2018
C.KUTTI RAJA ... PETITIONER/ACCUSED No.1
STATE REPRESENTED BY, THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI DISTRICT, CRIME NO.18/2018 ... RESPONDENT/COMPLAINANT
For Petitioner : M/S.V.PALANICHAMY, Advocate
For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side)
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 offences punishable under Sections 408, 417, 418 and 420 I.P.C., in Crime No.18 of 2018, seeks anticipatory bail.
2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) for the respondent.
3.The petitioner was employed under the defacto complainant concern. The petitioner is alleged to have misappropriated a sum of Rs.10,00,000/-. It came to the knowledge of the defacto complainant during the audit enquiry.
4.Therefore, custodial interrogation of the petitioner is absolutely necessary for recovering the misappropriated money. https://hcservices.ecourts.gov.in/hcservices/ Taking note of the facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.
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5.Accordingly, this Criminal Original Petition is dismissed.
sd/27/04/2018
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
Madurai - 625 023. TO
ORDER IN CRL OP(MD) No.7172 of 2018 Date :27/04/2018 PK/PN/GSR/08.05.2018 : 2P/3C
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. when custodial interrogation is necessary for recovering misappropriated money.
Whether the apprehension of arrest is reasonable given the nature of the allegations regarding misappropriation.
Whether the fact of employment by the complainant concern influences the grant of interim bail.
2 provisions across 2 enactments
C. KUTTI RAJA
STATE REPRESENTED BY, THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI DISTRICT
G.R. SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
