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Madras High CourtCRL OP(MD)/12979/2017ordered

Karthiyayini v. The Inspector Of Police(Crime)

2017-09-27Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.12979 of 2017 KARTHIYAYINI ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE(CRIME) ANNA NAGAR POLICE STATION, MADURAI CITY.

C.R NO.1635/2017 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.P.T.RAMESH RAJA Advocate For Respondent : Mr.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / sole accused, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 406, 420, 468 and 471 I.P.C., in Crime No.1635 of 2017 on the file of the respondent Police, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police. 3.The learned counsel for the petitioner submitted that the petitioner is working as Office Assistant, at Vadipatti Judicial Magistrate Court.

It is stated that the certificate alleged to have been issued by the RDO, the defacto complainant who is the Chief Administrative Officer, Principal District Court, Madurai, has lodged the complaint. He further submitted that the petitioner is no way connected with the alleged offence and she is innocent and she has been falsely implicated in this case. 4.The learned Additional Public Prosecutor submitted that the petitioner has committed serious offence and he opposed for granting anticipatory bail.

5.Considering the facts and circumstances of the case and considering the gravity of offence said to have been committed by the petitioner, 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 her appearance, within a period https://hcservices.ecourts.gov.in/hcservices/

of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.VI, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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 daily at 10.30 a.m., for a period of two weeks and thereafter as and when required.

[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). sd/- 27/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.6, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE(CRIME) ANNA NAGAR POLICE STATION, MADURAI CITY.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.P.T.RAMESH RAJA Advocate SR.No.31711 JAM/03.10.17/PM-PN/SAR 4 / 2p-6c

ORDER

IN CRL OP(MD) No.12979 of 2017 Date :27/09/2017 https://hcservices.ecourts.gov.in/hcservices/