N. Suriya Prabakaran@Suriya v. State Rep. By Inspector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice V.S.RAVI CRL OP(MD) No.9026 of 2015 N. SURIYA PRABAKARAN@SURIYA ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP. BY THE INSPECTOR OF POLICE, C3 S.S. COLONY POLICE STATION(CRIME), MADURAI CITY.(CR.NO.504/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.S.HAROON RASHEED 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 is arrayed as an accused in Crime No.504 of 2015 on the file of the file of the respondent police apprehends arrest for the offences under Sections 406 and 420 IPC and hence, seeks anticipatory bail.

2. It is stated in the petition that the complaint has been lodged on 06.05.2015 and that the petitioner is working as a jewel maker for the past four years. Further it is stated that the petitioner is only a jewel maker and he is no way connected with the case. The accused Rajeswari has been arrested on 06.05.2015 and released on bail. In order to establish that the petitioner is not an accused, the learned counsel for the petitioner has produced an FIR filed in Crime No.504 of 2015. On a perusal of the said FIR, it is found that the petitioner's name has not been mentioned in the said FIR.

3. The learned Government Advocate (crl. side) on instructions from the respondent police reported that the petitioner's name has not been mentioned in the FIR and requested to impose stringent condition for grant of anticipatory bail to the petitioner.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (crl. side) and also perused the materials available on record.

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5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for with conditions and accordingly;

(a) In the event of arrest by or on appearance before the respondent police; or (b) In the event of appearance before the learned Judicial Magistrate No.V, Madurai within fifteen days from the date of receipt of a copy of this order;

(i) The petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees Ten Thousand Only) with two sureties for the like sum to the satisfaction of the learned Judicial Magistrate No.V, Madurai.

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person appointed with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) The petitioner shall be available for interrogation by the respondent police daily at 5.30 p.m. for two weeks and thereafter, as when required for interrogation.

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

sd/- 21/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.V,MADURAI.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE, C3 S.S. COLONY POLICE STATION(CRIME), MADURAI CITY.

+1. CC to M/S.D.S.HAROON RASHEED Advocate SR.No.26008

ORDER

IN CRL OP(MD) No.9026 of 2015 Date :21/05/2015 RG.25.05.2015 2P.6C.

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