R. GUNALAN Vs. STATE

JUDGEMENT

(1.) The 1st accused has filed Crl.O.P.No.13333 of 2023 and the 3rd accused has filed Crl.O.P.No.13861 of 2023 both in Crime No.11 of 2023 registered under Ss. 209, 409, 420, 465, 477A and 381 IPC. They seek anticipatory bail.

(2.) The defacto complainant is the II Additional Sub Judge, Cuddalore. It is the case of the prosecution that MCOP No.826 of 2003 had been filed before the said Court seeking compensation for the motor accident death of one Padmanaban. The 3rd accused was the counsel on record for the claimants. An award had been passed on 7/7/2004 and the amounts payable to the minors were directed to be deposited in Fixed Deposits. Similarly, MCOP No.1826 of 2003 had been filed seeking compensation for the motor accident death of one Sasikumar. An award had been passed and again the share of the minors were directed to be deposited in Fixed Deposits.

(3.) It is the case of the prosecution that the claimants in MCOP No.1826 of 2003 filed an application seeking withdrawal of the amounts deposited. It is contended that however, the Court clerk had wrongly indicated the amount deposited in MCOP.No.826 of 2003 and payment out was directed. Thereafter, A3 had filed yet another application in MCOP No.826 of 2003 for payment out. Before ordering that application, a complaint had been lodged.