← Library
Madras High CourtCRL OP(MD)/22664/2014allowed

V.S.Karthick v. The Inspector Of Police

2015-01-20Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.22664 of 2014 V.S.KARTHICK ..PETITIONER/ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE KEELAVALAVU POLICE STATION, MELUR, MADURAI DISTRICT.

CRIME NO. 430 OF 2014 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.S.M.A.JINNAH Advocate For Respondent : Mr.C.RAMESH, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420 and 506(i) of Indian Penal Code in Crime No.430 of 2014, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that the petitioner assured that he will get a job for the defacto complainant's brother-in-law-Ayyanar abroad and had collected Rs.5,000/- and passport from him. It is seen that even according to the defacto complainant, his brother-in-lawAyyanar had given the passport way back in the year 2010. After a lapse of four years, this complaint is being filed alleging that the petitioner had cheated the defacto complainant and his brother-in-law.

3. Under such circumstances, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police every day at 10:30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

https://hcservices.ecourts.gov.in/hcservices/ [d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the

petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/- 20/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MELUR, MADURAI. +1. CC to M/S.S.M.A.JINNAH Advocate SR.No.2666 ORDER IN CRL OP(MD) No.22664 of 2014 Date :20/01/2015 PBK 23/01/2015 ::2P-6C:

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