Padmavathy v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4240 of 2015 PADMAVATHY ... PETITIONER/ACCUSED No.1 Vs STATE REP BY INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO. 575 OF 2014) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SANKAR Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.575 of 2014, on the file of the respondent police for offences under Sections 406 and 420 of the Indian Penal Code, the petitioner is now before this Court seeking Anticipatory Bail. 2.Heard the learned counsel for the petitioner. 3.It is seen that the de-facto complainant claims himself to be a social activist and has lodged the present complaint stating that this petitioner has received money from various persons on the promise of getting job for them in Government Departments.

None of the aggrieved parties have approached the police with any complaint. It is seen that co-accused has been granted anticipatory bail in Crl.O.P.No.22463 of 2014. Under such circumstances, I am of the view that it is a fit case for grant of anticipatory bail to this petitioner also, but with conditions.

4. 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, No.II, Srivilliputhur, Virudhunagar, on executing a separate 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 https://hcservices.ecourts.gov.in/hcservices/

concerned and on further condition that, (a) the petitioner shall appear before the respondent police everyday at 5.00 p.m. for a period of four 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.

[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]. [d] The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate as to whether he is complying with the condition or not. sd/- 09/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,SRIVILLIPUTHUR 2 THE CHIEF JUDICIAL MAGISTRATE,VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.M.SANKAR Advocate SR.No.11428

ORDER

IN CRL OP(MD) No.4240 of 2015 Date :09/03/2015 AA/12.03.2015/2p- 6c/ https://hcservices.ecourts.gov.in/hcservices/