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Madras High CourtCRL OP(MD)/337/2016ordered

R. Satyajayaseelan @ Suresh v. The Inspector Of Police

2016-02-02Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.337 of 2016 R. SATYAJAYASEELAN @ SURESH ... PETITIONER/ACCUSED RANK NOT KNOWN Vs.

STATE REP.BY THE INSPECTOR OF POLICE TALLAKULAM POLICE STATION(CRIME), MADURAI DISTRICT, CR NO.1406 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S D.SELVARAJ Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.1406 of 2015, on the file of the respondent police for offences under Sections 406 and 420 IPC, the petitioner is now before this Court seeking Anticipatory Bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.It is the case of the prosecution that the petitioner is a Poojari in a Temple, to which, the accused party and the complainant party used to visit for worship. At that time, the complainant party got introduced to the accused party. The accused party promised the complainant party that they would get a job for the daughter of the de-facto complainant as a Teacher in a Government School and they have taken Rs.20 lakhs in the year 2012. The main accused in this case has been arrested and remanded to judicial custody and on the confession statement of the arrested accused, the petitioner is being implicated.

4.Taking into consideration the nature of the allegations against the petitioner, this Court finds that it is a fit case to grant anticipatory bail to the petitioners, but with conditions.

5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, NO.II, Madurai, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) https://hcservices.ecourts.gov.in/hcservices/

with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioner shall report before the respondent police everyday at 11.00 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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 as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [e] The Inspector of Police concerned is directed to send compliance report to the office of the learned Government Advocate (Crl. Side) as to whether the petitioner is complying with the condition or not.

sd/- 02/02/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.II MADURAI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI.

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

4 THE INSPECTOR OF POLICE TALLAKULAM POLICE STATION(CRIME), MADURAI DISTRICT.

+1. CC to M/S D.SELVARAJ Advocate SR.No.6466 akm/03.02.2016/2p-c/jgb/dp/SAR-I

ORDER

IN CRL OP(MD) No.337 of 2016 Date :02/02/2016 https://hcservices.ecourts.gov.in/hcservices/