R. Gunalan And Others vs State

C.V.Karthikeyan, J

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 Sections 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 07.07.2004 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.

4.It is the contention of the learned counsel for the petitioner / A1 that though A1 was a Court clerk, there are two other clerks who had handled the registers earlier and therefore, A1 cannot be solely held accountable for wrongfully permitting withdrawal of the amounts lying to the deposit of MCOP No.826 of 2003.

5.It is the contention of the learned counsel for the petitioner / A3 that application had been filed bonafide in MCOP No.826 of 2003 without realizing that the claimants have already been disbursed with the amounts, which had been lying to the credit of MCOP No.1826 of 2023.

6.The learned counsel for the Intervener / claimants in MCOP No.1826 of 2003 had also entered appearance.

7.Let me strike a balance and grant interim protection alone from arrest to both these petitioners till 23.02.2024. Both these petitioners are directed to go over to the II Additional Sub Court at Cuddalore and determine the compensation payable to the claimants in MCOP No.1826 of 2003 and deposit that amount together with interest as on the date of deposit, in Court and on such deposit, the learned II Additional Sub Judge, Cuddalore, may issue notice to the claimants in MCOP No.1826 of 2023 and also to the investigating officer pay out the amounts.

8.Let a report be filed by the investigating officer in that regard before this Court on 26.02.2024.

9.It is made clear that the adjustment of excess payment made to the claimants in MCOP No.826 of 2003 may or may not be done and this Court is not giving any such directions but specifically, the claimants in MCOP No.1826 of 2003 should be paid their lawful compensation with interest as on date.

10.Let this arrangement be made and a report be filed before this Court. If prudent steps are not taken, interim protection granted would be withdrawn.

11.Call the matter once again on 26.02.2024 under the caption 'for reporting compliance'.