Satheesh Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN Satheesh Kumar, ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Vigilance and Anti Corruption, Ramanathapuram, Ramanathapuram District, Crime No.01/2020.

... Respondent/Complainant For Petitioner : M/s. Ajmal Khan, Senior Counsel for M/s.Ajmal Associates For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.01 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- Heard the learned senior counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 7(a) of Prevention and Corruption Act, 2018, in Crime No.1 of 2020 on the file of the respondent police, seeks anticipatory bail. 1/3

3. The defacto complainant had alleged that a demand for illegal gratification made by the petitioner herein. Based on his complaint, FIR was registered and trap was laid. The second accused who is the Revenue Inspector, was caught in the trap red handed.

4.The learned Senior Counsel would state that the petitioner has been falsely implicated. In any event, the petitioner has been suspended from service, vide order dated 14.01.2020 passed by the District Collector, Ramnathapuram.

5.I am of the view that the arrest of the petitioner is not going to advance the case of the investigation. Since the petitioner has been suspended, there is no chance of the petitioner influencing the investigation also.

6. In view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Chief Judicial Magistrate, Ramanathapuram/Special Court, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 20/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE CHIEF JUDICIAL MAGISTRATE/SPECIAL COURT, RAMANATHAPURAM.

2. THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-987[I] dated 21/01/2020)

ORDER

IN CRL OP(MD) No.334 of 2020 Date :20/01/2020 rmi AE/JC/SAR-I (22.01.2020) 3P 5C 3/3