L.M. Zubir Ali v. State Rep By Inspector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15751 of 2015 L.M. ZUBIR ALI ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP BY INSPECTOR OF ARAVAKURICHI POLICE STATION, KARUR.

IN CR.NO. 405 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.SAMIDURAI Advocate For Respondent : MRS.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 arrayed as accused No.5, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 489(B) and (C) of I.P.C., in Crime No.405 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the prosecution, the accused were found in possession of ten 500 rupees counterfeit currency notes and one 100 rupee currency notes.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the sister of this petitioner viz., S.Jarina Banu gave a complaint before the respondent police against one Sadiq Ali and others with regard to the land dispute and in respect of the issue, she filed Writ Petition in W.P.(MD).No.3080 of 2015 and Crl.O.P.(MD).No.4194 of 2015 for writ of Mandamus directing the higher authorities of the respondent to initiate disciplinary proceedings against them and also the Criminal Original Petition for transfer of investigation and the writ petition was disposed of by an order dated 04.06.2015. It is further contended that the sister of the petitioner https://hcservices.ecourts.gov.in/hcservices/ has also filed a case against the respondent before the State Human

Rights Commission and in view of the background, the petitioner has been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) vehemently opposed the granting of anticipatory bail to the petitioner and submitted that the accused 1 to 4 were already arrested and they are in custody.

5. However, considering the facts and circumstances of the case, this Court is 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 his arrest or on his appearance before the learned Judicial Magistrate No.II, Karur 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 learned Judicial Magistrate, Karur daily at 10.00 a.m. for a period of two weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 14/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II,KARUR.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,KARUR. 3 THE INSPECTOR OF POLICE, ARAVAKURICHI POLICE STATION,KARUR.

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

+1. CC to M/S.K.SAMIDURAI Advocate SR.No.47134 ORDER IN CRL OP(MD) No.15751 of 2015 Date :14/08/2015 PA/AMF/SAR-II/21.08.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/