Madras High CourtCRL OP(MD)/13901/2017granted

Kaliyamoorthy, v. The Inspector Of Police,

2017-11-07Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13901 of 2017 KALIYAMOORTHY, ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.337 OF 2017. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.JEGADEESWARAN Advocate For Respondent : Mr.K.ANBARASAN Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 506(ii), 420 IPC, in Crime No.337 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant paid some amount to the petitioner in order to get insurance policy for his vehicle. The petitioner as a mediator handed over the said money to one Thanjavur Mani, who is an insurance agent. But the insurance agent, committed the offence by giving bogus insurance copy to the petitioner and the same was handed over to the defacto complainant by the petitioner. Hence, the petitioner is also implicated the above said offence and the respondent police registered a complaint against the petitioner and other accused person.

3.The learned counsel for the petitioner submitted that the

petitioner is innocent and he did not committed any offences as alleged by the prosecution. The petitioner is only a mediator between the defacto complainant and one Thanjavur Mani. However, in order to prove his bonafide. He is ready to deposit the amount, which was collected by him from the defacto complainant.

4. The learned Government Advocate (Criminal side) appearing for the State would submit that he has conceded the submission made by the learned counsel appearing for the petitioner.

5. Considering the facts and circumstances of the case, I am 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, within a period of fifteen days from the date on which the order copy is made ready, before the Judicial Magistrate Court, Thiruvaiyaru, Thanjavur District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(I) The petitioner shall deposit a sum of Rs.19,600/- (Rupees Nineteen Thousand and Six Hundred only) on the credit of Crime No.337 of 2017.

(i) the petitioner shall report before the investigation officer, daily between 10.00 a.m. and 11.00 a.m., for a period of four weeks;

(ii)the petitioner shall not tamper with evidence or witness either during investigation or trial; (iii)the petitioner shall make himself available for interrogation including custodial

interrogation as and when required by the investigation officer;

(iv) the petitioner shall not commit any offence while on bail;

(v) 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 and the anticipatory bail granted stands cancelled automatically.

sd/- 07/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU,THANJAVUR DISTRICT.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, THAJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.R.JEGADEESWARAN Advocate SR.No.33919

ORDER

IN CRL OP(MD) No.13901 of 2017 Date :07/11/2017 MV:CM:SAR1:10/11/2017/3P/6C