A.Sivakumar v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18265 of 2016 1 A.SIVAKUMAR 2 P.KARUPPAIAH ... PETITIONERS/ACCUSED No.1 & 2 Vs STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION PUDUKKOTTAI DISTRICT CRIME NO. 1 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.BAALASUNDHARAM Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners/accused Nos.1 & 2, pray for grant of anticipatory bail under Section 438 of Cr.P.C.

for the offences punishable under Sections 120(b), 420, 465, 466 r/w 471 and 409 IPC and 13(2) r/w 13 (1)(c) and (d) of the Prevention of Corruption Act, 1988, in Crime No.1 of 2015, on the file of the respondent police. 2.The case of the prosecution is that the petitioners along with other accused committed malpractice in the Senganam Village Panchayat to the tune of Rs.1,29,000/-.

3.The learned counsel for the petitioners submits that the first petitioner as a overseer prepared the estimate and executed the work on the identification of place and person by the President of Senganam Village Panchayat and the second petitioner as a superior of the first petitioner checked the work executed by the beneficiaries and submitted the bills prepared by the first petitioner and they have been falsely implicated in this case. 4.The learned Government Advocate (Crl. Side) submits that investigation stands completed.

https://hcservices.ecourts.gov.in/hcservices/ 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 and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Chief Judicial Magistrate, Pudukkottai, within 15 days from the date of receipt of a copy of the 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 each for the likesum to their satisfaction;

(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted 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 report before the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required.

sd/- 23/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI 2 THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION PUDUKKOTTAI DISTRICT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.BAALASUNDHARAM Advocate SR.No.55238

ORDER

IN CRL OP(MD) No.18265 of 2016 Date :23/09/2016 SMA/CK/SAR-I/28/09/2016 :2P/5C https://hcservices.ecourts.gov.in/hcservices/