B.Babu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.13466 of 2015 B.BABU ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH, MADURAI CITY, MADURAI. (CRIME NO. 65 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.LAJAPATHI ROY Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who is the sole accused in Crime No.65 of 2015 apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 465,466,471,474 and 420 of IPC in Crime No.65 of 2015, on the file of the respondent police, seeks anticipatory bail.

2. According to the de facto complainant, the accused who actually failed in 10th Standard produced the mark sheet as if passed in all subjects and on the basis of the fabricated document, he entered into the service of the Police Department.

3. The learned counsel for the petitioner submitted that he cleared 10th Standard examination in the year 1996 and he was appointed as Data Entry Operator on 11.02.2005 and thereafter, he was promoted as Junior Assistant in the year 2014. While so, after lapse of 20 years, the present complaint is filed. He further submitted that the petitioner is an innocent and he has not committed any offence as alleged by the respondents.

4. The respondent police filed detailed counter opposing grant of bail to the petitioner and the learned Government Advocate (Crl. Side) further contended that the case was registered in the year 2015 and even before registration of the case, the Superintendant of Police, Madurai District, issued letter to Education Department and after obtaining all the documents, a case was registered and the accused knowing this correspondence, had stopped attending the office from 01.06.2014 and he is an un authorised leave.

5. Heard the learned counsel appearing for both sides.

6. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate-I, Madurai, and on https://hcservices.ecourts.gov.in/hcservices/

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 daily at 10.00 am until further orders. The petitioner shall comply with the condition 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 stands dismissed.

sd/- 12/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH, MADURAI CITY, MADURAI.

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

+1. CC to M/S.T.LAJAPATHI ROY Advocate SR.No. 46224 SR : 14.08.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.13466 of 2015 Date :12/08/2015 https://hcservices.ecourts.gov.in/hcservices/