P.Mariammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.8898 of 2015 P.MARIAMMAL ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE VIGILANCE AND ANTI-CORRUPTION, THANJAVUR DISTRICT CRIME NO. 2 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.CHANDRA KUMAR Advocate For Respondent : MR.A.P.BALASUBRAMANI,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act in Crime No.2 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the State. 3.The case of the prosecution is that the petitioner was working as Assistant Geologist in Geology and Mining Department, Thanjavur and it is alleged that she has not been taking action against sand theft. During the course of investigation, the police have obtained evidence to show that the petitioner has received money from certain private persons through her bank account.

4. Since the evidences are borne out by records, custodial interrogation of the petitioner being a lady may not be essential. Under such circumstances, 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 of https://hcservices.ecourts.gov.in/hcservices/ fifteen days from the date of receipt of a copy of this order, before

the Special Court/Chief Judicial Magistrate, Kumbamkonam, on condition that the petitioner shall execute 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 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 appear before the respondent police daily at 10.30 a.m for a period of four weeks and thereafter as and when required for interrogation.

[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]. [e] The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate(Crl. Side), as to whether the petitioner is complying with the condition or not.

sd/- 06/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL COURT/CHIEF JUDICIAL MAGISTRATE,KUMBAKONAM. 2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI-CORRUPTION, THANJAVUR DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.A.CHANDRA KUMAR Advocate SR.No.25062

ORDER

IN CRL OP(MD) No.8898 of 2015 Date :06/05/2015 PA/06.05.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/