Murugan, v. The Inspector Of Police,
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.13012 of 2017 MURUGAN, ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY INSPECTOR OF POLICE, PALAYANUR POLICE STATION, SIVAGANGAI DISTRICT.
(CR.NO.81/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.RAVI 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/accused, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 465, 468 and 420 IPC in Crime No.81 of 2017, on the file of the respondent Police, he seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police. 3.The case of the prosecution is that as per order of Block Development Officer/de-facto complainant, an enquiry has been conducted and it has been found that the some of the persons are in possession of physically challenged certificate. Hence, a complaint has been lodged.
4.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.
5.The learned Additional Public Prosecutor submitted that investigation is yet to be completed and hence, he opposed for granting anticipatory bail.
6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the https://hcservices.ecourts.gov.in/hcservices/
event of arrest or on their appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Manamadurai, on condition that the petitioners 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 one week 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.
RMI/RMK/PMU TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, PALAYANUR POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.RAVI Advocate SR.No.31755 GJM/RR/BS/SAR-I-3.10.17-2P-6C
ORDER
IN CRL OP(MD) No.13012 of 2017 Date :27/09/2017 https://hcservices.ecourts.gov.in/hcservices/