Madras High CourtCRL OP(MD)/8883/2018granted

N.Ramalingam v. The Inspector Of Police,

2018-06-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8883 of 2018 N.RAMALINGAM ... PETITIONER/ ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE, VIGILANCE & ANTI-CORRUPTION, MADURAI DISTRICT.

CRIME NO.13/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.BALAMURUGANANTHAM Advocate For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 13(2) r/w 13(1)(c), 13(1)(d) of Prevention of Corruption Act, 1988 and 409, 465, 467, 468 and 471 I.P.C. in Crime No.13 of 2018, seeks anticipatory bail.

2.Heard the learned Government Advocate (Crl.Side) for the respondent.

3.It is seen that the F.I.R has been registered at the instance of one V.Tamilselvi, mother of Sandhya. The allegations made against the petitioner is that a sum of Rs.7,000/- (Rupees seven thousand only) was demanded from the candidates in question for sending their name to the Yogasanna Federation India for participating in the 40th National Yoga Sports Championship at Mangalore during the month of January 2016. Subsequently, the petitioner reduced the demand to Rs.5,000/- (Rupees five thousand only). A sum of Rs.10,000/- (Rupees ten thousand only) has been transferred his account through NEFT. It is further alleged that using the forged documents, the petitioner had swindled the grant issued by the Sports Development Authority.

https://hcservices.ecourts.gov.in/hcservices/ 4 It is seen that the event happened in 2015-2016. The F.I.R. itself has been registered only on 22.05.2018. This Court is of the

view that to carry on the investigation, the custody of the petitioner is not required.

5.Therefore, considering the facts and circumstances of the case, this Court is 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 appearance before the learned Special Judge for trial of Prevention of Corruption Act, Madurai 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 as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.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 shall stand dismissed.

sd/- 05/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MSA TO 1 THE SPECIAL JUDGE FOR TRIAL OF PREVENTION OF CORRUPTION ACT, MADURAI 2 THE INSPECTOR OF POLICE, VIGILANCE & ANTI-CORRUPTION, MADURAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.BALAMURUGANANTHAM Advocate SR.No.9499 GJM/CM/VR/RNB/.8.6.18-2P-5C

ORDER

IN CRL OP(MD) No.8883 of 2018 Date :05/06/2018 https://hcservices.ecourts.gov.in/hcservices/