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Madras High CourtCRL OP(MD)/4699/2018granted

S.Nagarajan v. The Deputy Superintendent Of

2018-04-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4699 of 2018 S.NAGARAJAN ... PETITIONER/ACCUSED NO.5 Vs STATE REP.BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, MADURAI DETACHMENT, MADURAI, CRIME NO.8/2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.L.SHAJI CHELLAN Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, 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, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 467, 468, 471 and 420 of IPC and under Sections 13(2) r/w 13(1) (d) of Prevention of Corruption Act, 1988 in Crime No.8 of 2018 on the file of the respondent police, seeks anticipatory bail.

2.The cause of action relates to the year 1993. The only overt act made by the petitioner is that he endorsed "no objection" in his brother's application seeking compassionate appointment. Except this there is no other allegation made against the petitioner herein.

3.The learned counsel for the petitioner submitted that the petitioner is a innocent person and he has not committed any offence as alleged by the prosecution.

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

released on bail in the event of arrest or on his appearance before the learned Special Judge for Trial of Cases under Prevention of Corruption Act, Madurai 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.

5.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 stands dismissed.

sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL JUDGE FOR TRIAL OF CASES UNDER PREVENTION OF CORRUPTION ACT, MADURAI.

2 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, MADURAI DETACHMENT, MADURAI.

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

+1. CC to M/S.L.SHAJI CHELLAN Advocate SR.No.5225 SKM CSL/PN/SAR-IV/04.04.2018 :2P/5C

ORDER

IN CRL OP(MD) No.4699 of 2018 Date :02/04/2018 https://hcservices.ecourts.gov.in/hcservices/