Arun v. The Inspector of Police

CRL OP(MD). No.11070 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.11070 of 2023 Arun, ... Petitioner/Accused A3 Vs The State rep by The Inspector of Police, District Crime Branch, Kanyakumari District. (Crime No.36 of 2023). ... Respondent/Complainant For Petitioner : M/s.Lenish L, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :-For Bail in Crime No.36 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :-

The petitioner /A3 who was arrested and remanded to judicial custody on 07.06.2023.2023 for the offences under sections 120(B), 406,409,420 of IPC in Crime No.36 of 2023 on the file of the respondent police seeks bail.

¶2The case of the prosecution is that the defacto complainant is working as an Area Manager in M/.ICL Fincorp Ltd and extending gold loan facility to the customers on pledged gold jewels. During the course of business they recruited A1 as Assistant Branch Manager in Karungal Branch in the year 2019 and later promoted as Manager. CRL OP(MD). No.11070 of 2023 Apart from the above manager three staffs were recruited for the purpose of junior officers. Further the gold pledged in the company shall be in the joint custody of the Branch Manager and other authorised persons. After audit report they found the gold jewels were missing in the locker which is maintained by the first accused, hence the case.

¶3Heard both sides and perused the materials available on record including the First Information Report.

¶4It is seen that there are totally four accused in this case and the petitioner herein is arrayed as A3. All the accused were working in the ICL Fincorp Finance Ltd. It is extending gold loan facility to the customers who are pledging gold jewels. All the accused persons had opened the locker and looted 6,655.470 grams of gold jewels from the bank locker. In so far as the petitioner is concerned he is working as Junior Assistant and so far no recovery has been made from the arrested accused. Further the petitioner was arrested only on 07.06.2023, hence this Court is not inclined to grant bail to the petitioner.

¶5In the result the petition stands dismissed. sd/- 22/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV TO

¶1The Inspector of Police, District Crime Branch, Kanyakumari District.

¶2The Superintendent, Central Jail, Nagarcoil.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLeOP(MD).eNo.11070eofe2023 +1 CC to M/s.L.LENISH, Advocate ( SR-9410[I] dated 22/06/2023 ) ORDER IN CRL OP(MD) No.11070 of 2023 Date :22/06/2023 DL/VS(27.06.2023)/ 3P/ 5C