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Madras High CourtCRL OP(MD)/5672/2024closed

Ajith v. The Inspector Of Police

2024-06-11Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Ajith, ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Town South Police Station,.

Thanjavur (Crime No.1000/2023).

... Respondent/Complainant For Petitioner : Mr.A.Arun Prasad, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1000/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in 1/5

connection with a case in Crime No.1000 of 2023, for the offence punishable under Sections 419 IPC and 67B of Information Technology Act, 2000, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioner, being a Court Staff, has sent an anonymous e-mail to the mail address of the Court by alleging his colleague. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the Court concerned and the Police Department are very particular about the allegations made against the petitioner alone that he has created a fake e-mail I'd, without considering the allegations made by the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that departmental proceedings has been initiated as against the petitioner.

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5. Considering the facts and circumstances of the case and also considering the allegations made by the petitioner in his E-mail, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thanjavur.

(ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

(iii) The petitioner shall appear before the respondent police daily at 10.00 am until further orders for interrogation. He has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. 3/5

7.The petitioner has also furnished certain details before this Court and the same shall also be placed before the Investigation Officer. The Investigation Officer should find out the genuineness of the same and refer the matter to the Vigilance Department, if the materials placed by the petitioner is found to be true. sd/- 11/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE NO.I THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE TOWN SOUTH POLICE STATION, THANJAVUR.

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

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ORDER

IN CRL OP(MD) No.5672 of 2024 Date :11/06/2024 SS/JGB/SAR- /18/06/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5