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Madras High CourtCRL OP(MD)/9232/2018granted

Kamaraj, v. The Inspector Of Police

2018-07-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9232 of 2018 KAMARAJ ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, SIVAGANGAI DISTRICT.

(CR.NO.13/2017) ... RESPONDENT/COMPLAINANT For Petitioner : MR.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 406, 420 and 506(1) I.P.C., in Crime No.13 of 2017, seeks anticipatory bail.

2.The learned counsel for the petitioner submits that the petitioner is a machinist working in Industrial Devices (India) Private Limited. A copy of the ID card issued by the Industry is produced before this Court. The petitioner had sent his brother-inlaw for overseas employment through one Pandeeswaran. The defacto complainant in this case is the petitioner's neighbour. The defacto complainant's son Rajeshkanna was arranged to be sent off overseas employment. But the entire move did not fructify. The allegation as against the petitioner is that he had taken money from the defacto complainant to send Rajeshkanna for such overseas employment. 3.The learned counsel appearing for the petitioner submits that the petitioner was only a good samaritan, who has been a mediator, but not a man power agent.

4.Taking note of the fact that the petitioner and the defacto complainant are neighbours and that the petitioner is engaged in regular avocation namely machinist, this Court is inclined to grant https://hcservices.ecourts.gov.in/hcservices/

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 Judicial Magistrate No.2, Sivagangai, Sivagangai District 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. 5.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/- 06/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI, SIVAGANGAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.R.BALAMURUGANANTHAM, Advocate SR.No.12410

ORDER

IN CRL OP(MD) No.9232 of 2018 Date :06/07/2018 PK/JC/SAR-1/19.07.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/