Kalimuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice M.M.SUNDRESH CRL OP(MD) No.8281 of 2015 KALIMUTHU ... PETITIONER/ ACCUSED-1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL, DINDIGUL DIST, CR.NO.166 OF 2014.

... RESPONDENT/ COMPLAINANT For Petitioner : M/S..N.SATHISH BABU Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A1 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 420, 423, 467, 468 and 470 IPC, in Crime No.166 of 2014, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is arrayed as A1 in Crime No.166 of 2014 and earlier similar case has been given against the petitioner in Crime No.2 of 2014 on 22.01.2014. In the earlier crime the petitioner was arrested and he is in custody for more than 50 days.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that in Crime No.2 of 2014, the de-facto complainant in Crime No.166 of 2014 has also been shown as one of the witnesses.

4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5. In the first complaint all the alleged depositors were examined and their statements were also obtained. Therefore, the second complaint is nothing but offshoot of first one. As the petitioner was arrested for the first complaint in which the defacto complainant is also given a statement, the petitioner is entitled to get anticipatory bail.

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6.Considering the nature of the allegation made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

7.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.2, Dindigul, 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.

8.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/- 23/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.2,DINDIGUL.

2.THE CHIEF JUDICIAL MAGISTRATE DINDIGUL.

3.THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL, DINDIGUL DIST. +1. CC to M/S.N.SATHISH BABU Advocate SR.No.32764

ORDER

IN CRL OP(MD) No.8281 of 2015 Date :23/06/2015 RG.23.06.2015 2P/6C.

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