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Madras High CourtCRL OP(MD)/9777/2018granted

K.N.Kumaresan v. The Inspector Of Police

2018-06-18Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9777 of 2018 1 K.N.KUMARESAN 2 A.KARUPPASAMY 3 I.SENTHILKUMAR 4 M.MUTHIAH ... PETITIONERS/ ACCUSED NO.1 TO 4 Vs STATE THROUGH THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION, MADURAI CRIME NO.14/2018 ... RESPONDENT/ COMPLAINANT For Petitioners : Mr.G.PRABHU RAJADURAI 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 petitioners 1 and 3 are serving employees of the Forest Department. The petitioners 2 and 4 are retired employees of the very same Department. The petitioners are apprehending arrest at the hands of the respondent police for the offences punishable under Sections 13(2) r/w 13(1)(c) of Prevention of Corruption Act, 1988 and 120-B, 409, 420, 467, 468 and 471 of IPC, in Crime No. 14 of 2018, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent.

3. The allegation against the petitioners is that they had misappropriated a sum of Rs.5,18,311/- by forging a voucher in respect of Social Forest Scheme.

4.This Court is of the view that the case against the petitioners is entirely depending upon documentary evidences and custodial interrogation of the petitioners may not be required. https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of the above said facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with

certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Madurai, and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners 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/- 18/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION, MADURAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.PRABHU RAJADURAI Advocate SR.No.10782 PNN GJM/CM/VR/ASVM/22.6.18-2P-6C

ORDER

IN CRL OP(MD) No.9777 of 2018 Date :18/06/2018 https://hcservices.ecourts.gov.in/hcservices/