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Madras High CourtCRL OP(MD)/15861/2015allowed

Valarmathi v. State Rep By Inspector Of

2015-08-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15861 & 15969 of 2015 VALARMATHI ... PETITIONER/ACCUSED NO 2 (IN CRL OP(MD) No.15861) SHANMUGAM ... PETITIONER/ACCUSED NO.1 (IN CRL OP(MD) NO.15969) Vs STATE REP BY INSPECTOR OF DISTRICT CRIME BRANCH,, RAMNAD DISTRICT, RAMNAD (CRIME NO. 39/2015) ... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS FOR PETITIONER : M/S.JEYAKARTHIK ADVOCATE (IN BOTH THE PETITIONS) FOR RESPONDENT : MRS.S.PRABHA, GOVERNMENT ADVOCATE (CRL.SIDE) (IN BOTH THE PETITIONS) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 and A2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 468, 471, 420, 120(b), 294(b) and 506(i) of IPC, in Crime No.39 of 2015 on the file of the respondent police and hence, seeks anticipatory bail respectively. 2.According to the de-facto complainant, A1 and A2 have made wrong claim for payment of crop insurance amount with the help of A3, who was working as Village Administrative Officer. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

The learned counsel further submitted that the petitioners and the de-facto complainant are adjacent land owners and even as per the complaint, the amount of Rs.4,000/- claimed by the petitioners was not sanctioned and disbursed. It is further submitted that the petitioners are poor agricultural coolies and they have been falsely implicated in this case.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the petitioners are not having any previous case.

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5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Ramanathapuram and on each of them 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7.The petitioners 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/- 21/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM

2. THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM

3. STATE REP BY INSPECTOR OF DISTRICT CRIME BRANCH, RAMNAD DISTRICT, RAMNAD

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

+2 CC to M/S.JEYAKARTHIK Advocate SR.No. 48757, 48758

ORDER

IN CRL OP(MD) No.15861 & 15969 of 2015 Date :21/08/2015 2P/7C TE/JGB-DP/SAR-I 25/08/2015 https://hcservices.ecourts.gov.in/hcservices/