P. Nagarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of August Two Thousand Fifteen PRESENT The Hon`ble Mrs.Justice S.VIMALA CRL OP(MD) No.16417 of 2015 P. NAGARAJAN ... PETITIONER / ACCUSED No.6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE CYBER CRIME, CENTRAL CRIME BRANCH, MADURAI CITY.

IN CRIME NO. 85 OF 2013. ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.MEENAKUMARI, 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.6 in Crime No.85 of 2013 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420 and 120(b) of I.P.C. and Sections 65 66 of Information Technology Act, and hence, seeks anticipatory bail. 2.The case has been registered on 02.09.2013 on the basis of the complaint preferred by the legal advisor of the Software Company. 3.It is represented that the dispute relates to hacking service code of the company of the defacto complainant.

4.The first accused, who is the Managing Director of the Company has already been granted anticipatory bail by this Court. On this basis, the learned counsel for the petitioner seeks anticipatory bail to this petitioner stating that he is only an employee of the Company, who has nothing to do with the alleged offence said to have been committed with reference to the Software of the Company.

5.Even though, the learned Government Advocate (crl. Side) raises objections for granting of anticipatory bail, she is not able to pin point the grounds for objecting the anticipatory bail. The specific overt act on the part of the accused is not explained in this case. https://hcservices.ecourts.gov.in/hcservices/ 6.Considering the stated circumstances, 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 arrest or on his appearance before the learned Judicial Magistrate No.I, Madurai 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 petitioner shall appear before the respondent police as and when required, for interrogation. 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 26/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.1, MADURAI.

2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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

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

+1. CC to M/S R.MEENAKUMARI Advocate SR.No.49332

ORDER

IN CRL OP(MD) No.16417 of 2015 Date :26/08/2015 2P/6C AM/SKS-RR/SAR-I/28.08.2015.

https://hcservices.ecourts.gov.in/hcservices/