D.Sivakumar v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6683 of 2015 D.SIVAKUMAR ... PETITIONER/ACCUSED Vs STATE REP BY INSPECTOR OF POLICE PUDUKOTTAI POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.58 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.NARAYANAN Advocate For Respondent : MR.K.V.RAJARAJAN, 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.1 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 420 and 506(ii) of I.P.C., in Crime No.58 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the accused had received Rs.9 lakhs from the de-facto complainant assuring to withdraw the criminal case filed against her earlier son and to obtain job in Tamil Nadu Electricity Board.

3. The learned counsel for the petitioner submitted that the son-in-law of the de-facto complainant is a Superintendent of Police and the petitioner had borrowed money from the son-in-law and his wife for which there was an exchange of notices on 02.05.2014, 07.05.2014 and 19.05.2014. The learned counsel for the petitioner further submitted that in the reply, the son-in-law of the de-facto complainant admits he received promissory note and bond for the loan transaction. The learned counsel for the petitioner also submitted that the petitioner is an innocent person and he has been falsely implicated at the instance of one Mariyappan, who is working as Sub Inspector.

4. The learned Government Advocate (Crl.side) submitted that there is no previous case against the petitioners and the investigation is almost over.

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5. 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 released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thoothukudi 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 daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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 stands dismissed.

sd/- 27/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THOOTHUKUDI 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI 3 INSPECTOR OF POLICE PUDUKOTTAI POLICE STATION, THOOTHUKUDI DIST. 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.6683 of 2015 Date :27/04/2015 NA/04/05/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/