Mari @ Marirajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of January Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.41 of 2015 1 MARI @ MARIRAJAN 2 POTTUKARAN ... PETITIONERS/ACCUSED NOS.6 & 7 Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI DISTRICT.

CRIME NO.31/2012 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.MURALI Advocate (NO APPEARANCE) For Respondent : MR.C.RAMESH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120B, 406, 420, 506(ii) IPC and Sections 3 and 4 of Exorbitant Interest Act in Crime No.31 of 2012 on the file of the respondent police, seek anticipatory bail.

2. No representation for the petitioners. Heard the learned Additional Public Prosecutor appearing for the State. The learned counsel for the learned counsel for the Intervenor is present.

3. Learned Additional Public Prosecutor submits that final report in this case has already been filed before the learned Judicial Magistrate, Madurai. He further submits that these petitioners are employees of A1.

4. Under such circumstances, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Madurai, on condition that each of 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 petitioners shall report before the respondent police daily at 10:30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

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

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

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 21/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI DISTRICT.

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

+1. CC to M/S.M.MURALI Advocate SR.No. 3297 SR : 27.01.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.41 of 2015 Date :21/01/2015 https://hcservices.ecourts.gov.in/hcservices/