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Madras High CourtCRL OP(MD)/15500/2017granted

Vellaisamy v. The Sub-Inspector Of Police

2017-11-14Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15500 of 2017 VELLAISAMY ... PETITIONER/SOLE ACCUSED Vs STATE REP. BY THE SUB-INSPECTOR OF POLICE THUVARANKURICHI POLICE STATION, THURVARANKURICHI, TRICHY DISTRICT (CRIME NO.276 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : Mr.T.VADIVELAN 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, who is arrayed as Sole Accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of I.P.C., in Crime No.

276 of 2017, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 15.10.2017, the Block Medical Officer Government Primary Health Centre, Valanadu lodged a complaint before the respondent police alleging that the petitioner possessed 'B' form licence for shop, however, the petitioner is giving treatment to the public without having any qualification. 3.The learned counsel for the petitioner submitted that the petitioner is having valid licence to run the medical shop, however, he did not commit any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.side) appearing for the State that the investigation is still pending.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), 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 https://hcservices.ecourts.gov.in/hcservices/

appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Manaparai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties 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 report before the respondent police, daily at 10.30 a.m., for a period of two weeks, and thereafter, as and when required for interrogation; (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 abscond either during investigation or trial;

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

(vi) 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/- 14/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAPARAI 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE SUB-INSPECTOR OF POLICE THUVARANKURICHI POLICE STATION, THURVARANKURICHI, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.T.VADIVELAN Advocate SR.No.34391 ORDER IN CRL OP(MD) No.15500 of 2017 Date :14/11/2017 Mrn SH/CM-VR/SAR-2:20.11.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/