S. Palanivelu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1418 of 2017 S. PALANIVELU ... PETITIONER / ACCUSED Vs THE STATE REP BY, THE INSPECTOR OF POLICE, CIVIL SUPPLIES CID, MADURAI, (REF. CRIME NO. 153/2015). RESPONDENT / COMPLAINANT For Petitioner : M/S.M.MURALI Advocate For Respondent : MR.P.KANDASAMY 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 accused No.9, in Crime No.

153 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420 IPC r/w Section 7(1)(a)(ii) of EC Act, 1955 and subsequently, altered into Sections 120(b), 409, 420, 467, 468 and 471 I.P.C r/w Section 7(1)(a)(ii) of EC Act, 1955 r/w 109 IPC, which is now pending in C.C.No.44 of 2016 on the file of the Judicial Magistrate No.III, Madurai, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent/State. 3.The learned counsel for the petitioner submitted that the petitioner herein came to know that he has been arrayed as accused No.9 in the above said crime number and in the charge-sheet, the respondent included the petitioner's name and arrayed as accused No.

9 and Non-Bailable Warrant was issued against the petitioner on 23.01.2017 and now, the case was posted to 17.02.2017. 4.The learned Government Advocate (Crl. Side) appearing for the respondent on instructions submitted that totally there are eleven accused in C.C.No.44 of 2016 pending on the file of the Judicial Magistrate No.III, Madurai, and absconding charge-sheet was filed in that case in respect of A.9 and the name of the petitioner is not found place in the F.I.R.

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5.Considering the above 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 No.III, Madurai 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 report before the learned Judicial Magistrate No.III, Madurai, daily at 10.30 a.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioner shall appear before the concerned Magistrate within a period of 7 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 13/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE CIVIL SUPPLIES CID, MADURAI, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.MURALI Advocate SR.No.7881

ORDER

IN CRL OP(MD) No.1418 of 2017 Date :13/02/2017 MKV-SKN-SAR 2/14.2.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/