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Madras High CourtCRL OP(MD)/2018/2020granted

L.Johnson v. The Inspector Of Police

2020-02-07Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2018 of 2020 L.Johnson ... Petitioner/Accused No.2 Vs The State Represented by The Inspector of Police, Thiruvattar Police Station, Kanyakumari District Cr.No.23 of 2020.

... Respondent/Complainant For Petitioner : Mr.N.Dilipkumar, for M/s.T.Hubertson.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 23 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 406 and 420 of I.P.C., in Crime No.23 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. It is seen that the primary allegations are only made against the first accused. The petitioner did not have any dealing with the defacto complainant. The case against the accused rests on documentary evidence. Therefore, the arrest of the petitioner or custodial interrogation is not necessary.

4. In view of the above, I am 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.II, Padmanabhapuram, 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 https://hcservices.ecourts.gov.in/hcservices/

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 stand dismissed.

Sd/- 07.02.2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PMU TO

1. The Judicial Magistrate No.II, Padmanabhapuram.

2. Through The Chief Judicial Magistrate, Kanyakumari at Nagercoil.

3. The Inspector of Police, Thiruvattar Police Station, Kanyakumari District Cr.No.23 of 2020.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.N.Dilipkumar, Advocate Sr.No.2582

ORDER

IN CRL OP(MD) No.2018 of 2020 Date : 07/02/2020 VB(11.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/