CRL OP(MD)/23729/2016 of A.SELVAMARY Vs THE INSPECTOR OF POLICE, on 29 December 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Ninth day of December Two Thousand SixteenPRESENT

The Hon`ble Mr Justice R.MAHADEVAN

CRL OP(MD) No.23729 of 2016

1 A.SELVAMARY

2 A.XAVIER ... PETITIONER(S) / ACCUSED NO.2,3

Vs

THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH,SIVAGANGAI DISTRICT.

IN CRIME.NO.17 OF 2016 ... RESPONDENT / COMPLAINANT

For Petitioner : M/S.G.BHAGAVATH SINGH Advocate For Respondent : MR.P.KANDASAMY,Govt. Advocate ( Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondentpolice for the alleged offence punishable under Sections 120 B, 420,406 and 468 IPC in Crime No.17 of 2016 on the file of the respondentpolice, seek anticipatory bail.

2. Heard the learned counsel on either side.

3. The case of the prosecution is that the petitioners alongwith other accused by giving false promise for getting job to the defacto complainant received a sum of Rs.1 lakh.

4. It is submitted by the learned counsel for the petitionersthat the petitioners are innocent persons and they have notcommitted any offence and prays for anticipatory bail in favour ofthe petitioners.

5. The learned Government Advocate (Crl.side) submitted thatalready the 2[nd] petitioner / A3 was arrested and remanded to judicialcustody. He further submitted that investigation is pending.

6. Considering the facts and circumstances of the case, I aminclined to grant anticipatory bail to the 1[st]petitioner.https://hcservices.ecourts.gov.in/hcservices/Accordingly, the 1[st] petitioner is ordered to be released on bail inthe event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before thelearned Judicial Magistrate No.II, Sivagangai, on condition that the1[st] petitioner shall execute a bond for a sum of Rs.10,000/- (Rupeesten thousand only) with two sureties each for a like sum to thesatisfaction of the respondent police or the police officer whointends to arrest or to the satisfaction of the learned Magistrateconcerned and on further condition that:[a] the 1[st] petitioner shall report before the respondent Policeon all Saturdays and Sundays at 6.00 pm., until further orders. [b] the 1[st] petitioner shall not tamper with evidence or witnesseither during investigation or trial.

[c] the 1[st] petitioner shall not abscond either duringinvestigation or trial.

[d] On breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the 1[st] petitioner in accordance with law as if theconditions have been imposed and the 1[st] petitioner released on bailby the learned Magistrate/Trial Court himself as laid down by theHon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIRSCW 5560].

[e] the Criminal Original petition is dismissed as against the2[nd] petitioner. sd/- TO1.THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT

3. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, SIVAGANGAI DISTRICT. IN CR.NO.17 OF 2016

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

https://hcservices.ecourts.gov.in/hcservices/NBJRUM/SKS-RR/2P/6C